#### *Cartersville Bridge Company v. Harrison and Cunningham.

January, 1822.

Roads — Opening—Expense of — Case at Bar. — Where a corporation is created by law, to erect a toll-*29"bridge at a given point, with the same power to apply to the county court “for leave to assure a road or roads, leading to the site proposed for said bridges, as is given by the existing laws, to the owners of mills and public landings; the expense of opening the said road, is to be defrayed by the county in which the road may lie.

The legislature incorporated a company, under the name of The Cartersville Bridge Company, for the purpose of erecting a toll-bridge across Tames River, at or near the tobacco warehouse landing, in the town of Cartersville;(a) and by the 19th section of the law, they provided that the said company should have the “same right and authority to apply to the courts of the counties of Goochland and Cumberland, for leave to assure a road or roads leading to the site proposed for said bridge, as is given by the existing laws, to the owners of mills and public landings.” The county court of Goochland appointed fit persons to “view a way for a road proposed to be opened by The Cartersville Bridge Company, from the Carter’s ferry road to the site of the bridge proposed to be built by the said company across James River, and report to this court truly and impartially the conveniences and inconveniences that will result as well to the public as to individuals, if such may be opened.”

The viewers so appointed reported, that in their opinion, the public would be greatly benefited, when the bridge is completed, by opening a road to begin one hundred and ten yards below the ferry landing, &c., and that Randolph *Harrison and Edward Cunningham, were the only persons likely to sustain injury from opening the said road.

Summonses were issued and duly served upon Harrison and Cunningham, to shew cause, if any they could, why the company should not have leave to open a road according to the report of the viewers; and at another court, writs of ad quod damnum were awarded to ascertain the damages which would be sustained by opening the said road. The jury reported, that Harrison would sustain damage to the amount of three hundred dollars; and Cunningham, to the amount of one hundred.

The county court thereupon made an order to this effect: that having weighed all the circumstances, they are of opinion, that the said road, if opened, will be of little utility to this county, but of considerable advántage to The Cartersville Bridge Company; they therefore permit the said road to be opened, “upon the express condition, that the said Carters-ville Bridge Company shall pay to the said Randolph Harrison and Edward Cunningham, the proprietors of the lands through which the said road will pass, the damages assessed by the jury as reported in their inquests, and the costs attending the opening said road, and that the said damages and costs shall not be levied on the iithables within this county.”

Prom which judgment, an appeal was taken to the superior court of Goochland, where it was affirmed.

A supersedeas was awarded by this court.

A statement of facts was agreed between the parlies, and made a part of the record by consent, to the following effect: that three fifths of the capital stock of the said company were taken up by subscription, before the application made by the said company in this cause: that the bridge proposed is near to the main stage road leading from the city of Washington to the southern extremity of the union, and that the road now applied for, will lead from the said stage road to the said bridge: that the *ferry just below the site of the said bridge has been generally kept in good order: that a witness proved, that if the said bridge shall be erected, and the road applied for opened, the people of Goochland (more especially those residing in the neighbourhood of the bridge) will derive that advantage which a bridge gives over a ferry; and he believes, that there is considerable intercourse between the people residing in the upper end of Goochland and those of the town of Cartersville. Another witness deposed to the same effect. It is also admitted, that there is an inspection of tobacco in Cartersville, where a portion of the tobacco made in Goochland is inspected and bought by the merchants of the said town; and that the merchants of the said town frequently purchase the crops of wheat made in Goochland, particularly of those dealing with them.

The Attorney General, for the appellants.

Stanard, for the appellee. '

(a)

 Sessions acts, 1818-19, p. 114.

JUDGE ROANE,

delivered the opinion of the court, that both judgments must be reversed, and a judgment rendered establishing the road without annexing the condition.