Nixon v. Reid
South Dakota Supreme Court
Appeal from circuit court, Potter county. Hon. Loring E. Gappy, Judge. Action to enjoin defendants from operating a ferry across the Missouri river at Forest City, South Dakota. Defendants’ demurrer to the complaint was overruled, and they appealed. The facts are fully stated in the opinion. This lease does not in terms nor in legal effect grant an exclusive ferry privilege.
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Appeal from circuit court, Potter county. Hon. Loring E. Gappy, Judge. Action to enjoin defendants from operating a ferry across the Missouri river at Forest City, South Dakota. Defendants’ demurrer to the complaint was overruled, and they appealed. The facts are fully stated in the opinion. This lease does not in terms nor in legal effect grant an exclusive ferry privilege. Fanning v. Gregoire, 16 How. 524; S. C., 14 Law Ed., 1043. A legislative grant is not necessarily exclusive, nor is the one in question. Power v. Village of Athens (N. Y.), 2 N. E. 609; High on Inj. § 595; 2 Wash, on Real…
1Opinion of the CourtCorson, P. J.
This is an appeal by the defendants from an order overruling a demurrer to the complaint. The plaintiffs, under a claim to an exclusive franchise for establishing a ferry across the Missouri river at Forest City, in Potter county instituted this action to enjoin the defendants from maintaining and operating an opposition ferry at that place. The demurrer is interposed upon two grounds, namely, that the complaint does not state facts sufficient to constitute a cause of action, and that the ferry lease, as alleged in said complaint, is illegal and void, under the laws of this state. The…
2Cases cited14 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Clinton v. EnglebrechtSupreme Court of the United States · 1872
- Transportation Co. v. ParkersburgSupreme Court of the United States · 1883
- Cardwell v. American Bridge Co.Supreme Court of the United States · 1885
- Wiggins Ferry Co. v. East St. LouisSupreme Court of the United States · 1883
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Edward S. Burton v. Matanuska Valley Lines, Inc., a Corporation in the Territory of AlaskaCourt of Appeals for the Ninth Circuit · 1957
- Vallejo Ferry Co. v. Solano Aquatic ClubCalifornia Supreme Court · 1913
- Chamberlain Ferry & Cable Pontoon Bridge Co. v. KingSouth Dakota Supreme Court · 1918
- Larson v. StateSouth Dakota Supreme Court · 1927
- Edward S. Burton v. Matanuska Valley Lines, Inc., a Corporation in the Territory of AlaskaCourt of Appeals for the Ninth Circuit · 1957
1 more not listed; retrieve them via the Exa API.