Chess v. Manown
Supreme Court of Pennsylvania
ERROR to the common pleas of Alleghany county. James Manown, the defendant in error, brought, an action of trespass guare clausum fregit against the plaintiffs in error, to prevent them from landing.with ferry boats and passengers on his land. A public road passes through Manown’s farm to the edge of the Monongahela river. Chess owns the land on the opposite side, and keeps a ferry.
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ERROR to the common pleas of Alleghany county. James Manown, the defendant in error, brought, an action of trespass guare clausum fregit against the plaintiffs in error, to prevent them from landing.with ferry boats and passengers on his land. A public road passes through Manown’s farm to the edge of the Monongahela river. Chess owns the land on the opposite side, and keeps a ferry. Manown contends that Chess has no right to land his passengers at the end of the road terminating at low water mark on Manown’s land. The court below charged the jury as follows (Shaler, president): “The landing…
1Per curiam
The point in this case was decided in Cooper v. Smith, 9 Serg. & Rawle 31, where it was determined that the establishment of a ferry by law, gives the owner of it no right to land his passengers or boats on a public highway without the consent of the owner of the soil. The same principle was held in Chambers v. *220Fury, 1 Yeates 167, where it was determined that the dedication of ground to purposes of public use as a road, gives no right to use it for purposes of landing or receiving freight. Here the locus in quo was a terminus of a public highway on the margin of the river : and there was not…
2Cases cited1 opinion
- Chambers v. FurrySupreme Court of Pennsylvania · 1792
3Cited by16 opinions
- Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
- Pearsall v. PostNew York Supreme Court · 1838
- Coburn v. AmesCalifornia Supreme Court · 1877
- Chambers v. FurrySupreme Court of Pennsylvania · 1792
- Worrall v. RhoadsSupreme Court of Pennsylvania · 1837
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