Tyler v Browning
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
| Court | Court of the King's Bench |
English Reports Citation: 96 E.R. 783
COURT OF KING'S BENCH
Tyler
and
ers. Browning
tyler tiers. browning. Charcoal is not firewood within the meaning of a statute, exempting firewood from the payment of toll at a turnpike. In a case reserved, in an action upon the case, it was stated; that horses laden with firewood are, by the statute under which a certain turnpike was erected, exempted from the payment of toll; and that the defendant, who was collector of toll at the turnpike, had insisted upon, and taken toll for a horse laden with charcoal. [5] The question submitted to the Court was, whether charcoal be firewood within the meaning of the statute 1 It was holden that it is not. In arguing this case, the council for the plaintiff attempted to argue, that, although the Court should be of opinion, that charcoal is not firewood, the plaintiff ought not to recover : for that charcoal is certainly coal, and that, by this Act, horses laden with coal are only liable to half as much...
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