TURNPIKE. A gate set across a road, to stop travellers and carriages until toll is paid for passage thereon. In the United States, turnpike-roads are often called turn pikes : just as mail-coach, hackney-coach, stage-coach, are shortened to mail, hack, and stage. Encyc. Am.
A road or high way over which the public have the right to travel upon payment of toll, and on which the parties entitled to such toll have the right to erect gates and bars to insure its paynient. 6 Mees. & W. Exch. 428 ; 1 Railw. Cas. 665 ; 22 Eng. L. & Eq. 113 ; 16 Pick. Mass. 175.
' 2. Turnpike-roads are usually made by corporations under legislative authority ; and, the roads being deemed a public use, such corporations are usually armed with the power to take private property for their con struction, upon making just compensation. In the execution of this power, they are bound to a strict compliance with the terms upon which it is given, and are subject to the rules which govern the exercise of the right of eminent domain under the constitu tions of the several states. 7 Dan. Ky. 81 ; 3 Humphr. Tenn. 456 ; 6 Ohio, 15 ; 10 id. 396 ; 25 Penn. St. 229 ; 18 Ga. 607 ; 19 id. 427. In estimating the damages to be awarded for lands taken for a turnpike-road, the rule is to allow the value of the land and its improvements, deducting therefrom the benefits from the road and the additional value given by it to the remaining property. 20 Penn. St. 91, 95, 97. The legislature may authorize the conversion of an existing high way into a turnpike-road, 11 Vt. 198 ; 18 Conn. 32 ; 3 Barb. N. Y. 459 ; 4 Humphr. Tenn. 467, without any pecuniary equivalent to the owner of "the fee, such road still re maining a public highway. 2 Ohio St. 419. Under the power to take laud for this pur pose, the corporation may take land for a toll-house and a cellar under it and a well for the use of the family of the toll-keeper. 9 Pick. Mass. 109. A turnpike-road being a highway, any obstruction placed thereon renders the author of it liable as for a public nuisance. 16 Pick. Mass. 175 ; 8 Wend. N. Y. 555.
S. Turnpike companies, so long as they continue to take toll, are bound to use ordt nary. care in keeping their roads in suitable repair, and for any neglect of this duty are liable to an action on the case for tbe dam ages to any person specially injured thereby, 6 Johns. N. Y. 90 ; 7 Conn. 86 ; 11 Wend.
N Y 597 • 11 Ohio, 197 ; 6 N. H. 147 ; 10 Pick. Mass. 35 ; 18 id. 357 ; 9 Penn. St. 20 ; 5 Ind. 286 ; 11 Vt. 531 ; 22 ic/. 119 ; 23 id. 104 ; 24 id. 480 ; 1 Spence, N. J. 323 ; and to an indictment on the part of the public. 11 Wend. N. Y. 597; 10 .Yerg. Tenn. 525 ; 4 lred. No. C. 16 ; 10 Humphr. Tenn. 97 ; 26 Ala. x. s. 88 ; 1 Harr. N. J. 222 ; 9 Barb. N. Y. 161 •, 2 Gray, Mass. 58.
The law of travel upon turnpike-roads is the same as upon ordinary roads, except as regards the payment of tolls. If there be any ambiguity in the authority granted to a turnpike company to take toll, it will be con-. strued rather in favor of the public than of the grantee. 2 Barnew. & Ad. 792 ; 2 Mann. &G. 134. Travellers are liable for toll though. they avoid the gates, 2 Root, Conn. 524 ; Vt. 197 ; but not for travel between the gates without passing the same. 2 B. Monr. Ky. 30 ; 10 Ired. No. C.30 ; 11 Vt. 381. Exemp-. tions from toll are construed most liberally' in favor of the community. Angell, Highw. 359.
4. A road or turnpike laid out by an indi vidual or by the selectmen of the town to facilitate the evasion of toll by travellers upon a turnpike-road will entitle the turnpike company to an action on the case for the damages, or to an injunction ordering the same to be closed. 10 N. H. 133 ; 13 id. 28; 18 Conn.451 ; 8 Humphr. Tenn.286 ; 1 Johns. Ch. N. Y. 315 ; 12 Barb. N. Y. 553. Andl see 4 Johns. Ch. N. Y. 150 ; 5 id. 101. And such company is entitled to compensation for the injury to their franchise by a highway which intersects their road at two distinct points and thereby enables travellers to evade. the payment of tolls, though such highway be regularly established by the proper au thorities to meet the necessities of publio travel. 1 Barb. N. Y. 286. But see 2 N.B. 199 ; 10 id. 133 ; 12 La. Ann. 649.
If a turnpike company abuses its powers, or fails to comply with the terms of its char ter, it is liable to be proceeded against by quo warranto for the forfeiture of its fran chise. 23 Wend. N. Y. 193, 223, 254; 1 Zabr N. J. 9 ; 2 Swann, Tenn. 282.