Brown v. Rice
Synopsis
Toll Gathebeb.—If a corporation has constructed a turnpike road for the purpose of collecting tolls from travelers, and the Board of Supervisors has once fixed the rates of toll, a person who, as the agent of the company, demands and receives toll, is a “toll gatherer” within the purview of Seo. 518 of the Civil Code, which fixes a penalty for demanding or receiving too much toll, even if more than one year has elapsed since the rates of toll were fixed.
Misjoindeb of Causes of Action.—The plaintiff cannot unite in his complaint two or more causes of action for penalties incurred by a toll gatherer for demanding and receiving too much toil, even if they are separately stated.
By the Court: 1. We are of opinion that the defendant must be considered to have been a “toll gatherer” within the intent of [491]the statute, and that the complaint in this respect stated a cause of action against him.
2. But we also think that the several causes of action found in the complaint, though separately stated, were improperly united. (Code Civil Procedure, Sec. 427.)
Judgment reversed and cause remanded, with directions to sustain the demurrer to the complaint.
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)