Birmingham & Elizabeth Turnpike Road v. Commonwealth

By the Court :

The remedies provided for in the charter were for aggrieved individuals, and the remedy of the Commonwealth by quo warranto was intact. It is not a case, therefore, in which the act of 21st March, 1806, has any application. It certainly was no answer that the revenue derived from the road was not sufficient to keep it in repair. There was, therefore, no error in the rulings of the learned Court, and the judgment of ouster was entirely right.

Judgment affirmed.