Majority
p. 467The President and Directors of the New-Windsor Turnpike Road v. Wilson.
Headnote
FISK, in an action for running a road parallel to that of the corporation, in order to draw off and in
p. 468
jure the toll, moved to change the venue from Orange to New- York, on an affidavit stating that from the prejudices of the county against turnpike roads, an impartial trial could not be had.
It is impossible to conceive, that in so large a county as Orange, twelve indifferent men cannot be obtained to try a cause against an individual, for his sole act. In such small counties as Richmond, where fishery rights are concerned, in which almost the whole community is interested, the general dispositions of the people may warrant the application ; but if it be allowed in the present instance, on every turnpike cause we shall have similar requests, Why not go into Dutchess, if it were necessary to take the trial to another county ? The present motion must be denied, though the reason on which it is founded, might be a good reason for asking a struck jury,