
    Moss against Moore.
    A one horse waggon with a spring seat pannelled sides, used only for the carriage of person is a pleasure carriage within meaning of the eleventh section of the act establishing the Seneca TurnpikeRoad. Company, (K. i{R.ed.L.412. ch.'78.) and ¡s' hable t0 pay
    IN ERROR, on certiorari, to a Justice’s Court.
    
    
      Moore brought an action against Moss, for the penalty for exacting excessive toll, imposéd by the act to establish a turnpike road company, &c. called the Senecp Turnpike Road C’ompany, passed April 1st, 1800, (2 K. & R ed. L. 412. 423. sess. 23. ch. 78. s. II.) The eleventh section of the ac*> 'n fixing the rates of toll, says, that “ every waggon wi{h ¿w0 /¿orses,” shall pay twelve and an half cents: every 1 * * * J “ one horse cart,'” six cents: every cnair or pleasure car- . ’. 7 J r riage with one horse,” twelve andan half cents, lhe plam-tiff, with another person, was passing on the road in a one /wrse wagg0n^ made with a spring seat and pannelled sides, and which was not used for farming purposes, or for carrying goods. The act makes no mention of a one horse wag-gon. There was a verdict for the plaintiff below, for the penalty of Jive dollars, on which the justice gave judgment, with costs.
   Per Curiam.

We are clearly of opinion, that the judgment in this case was wrong. The one horse waggon in which the plaintiff was riding, was a “ pleasure carriage,’5 within the meaning of the act. If it was not, it was not liable to pay any toll; for it was not a “ one horse cart.5’ The judgment must be reversed.

Judgment reversed.  