Shorter v. Smith
Supreme Court of Georgia
In Equity, in Floyd Superior Court. Decision by Judge John H. Lumpkin, at Chambers, April 12th, 1851. The plaintiffs in error filed their bill, alleging the following facts : That they were the owners, and in occupation of certain toll bridges over the Etowah and Oostanaula rivers, near their junction at the Town of Rome; that those under whom they hold were, from the time of the first settlement of the country by the whites, owners of the land, and of a ferry privilege over…
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In Equity, in Floyd Superior Court. Decision by Judge John H. Lumpkin, at Chambers, April 12th, 1851. The plaintiffs in error filed their bill, alleging the following facts : That they were the owners, and in occupation of certain toll bridges over the Etowah and Oostanaula rivers, near their junction at the Town of Rome; that those under whom they hold were, from the time of the first settlement of the country by the whites, owners of the land, and of a ferry privilege over said rivers; and that being the owners, and in undisturbed possession thereof, they did, in 1834, propose to the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion,
This is a bilí praying for an injunction to restrain the defendants from building a bridge, by virtue of an order of tbe Inferior Court of Floyd County, across the Etowah river, at the upper end of the City of Rome, and within a distance of one mile or less, from the bridge of the complainants, on the same river. The facts alleged in the bill, are substantially the following;
*521That the complainants and those under whom they claim, have a prescriptive right of ferry across each of the rivers Oostanaulaand Etowah at the head of the. Coosa river, and…
2Cases cited6 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Jackson v. LamphireSupreme Court of the United States · 1830
- Preston v. BrowderSupreme Court of the United States · 1816
- Ex Parte TillinghastSupreme Court of the United States · 1830
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- Hudspeth v. HallSupreme Court of Georgia · 1900
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- State Highway Board v. WillcoxSupreme Court of Georgia · 1929
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