Legal Opinion

Slimmer v. Merry

Supreme Court of Iowa

Decided July 31, 1867PublishedCited by 2 opinions

Appeal from Dubuque District Court. In this case the legal sufficiency of the petition is challenged by demurrer, which the court sustained, and the plaintiff, abiding the decision, appeals. A ferryman carrying on a public ferry for hire, is a common carrier.

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Appeal from Dubuque District Court. In this case the legal sufficiency of the petition is challenged by demurrer, which the court sustained, and the plaintiff, abiding the decision, appeals. A ferryman carrying on a public ferry for hire, is a common carrier. Angelí on Common Carriers, §§ 82, 130, 165; Whitmore v. Bowman, 4 Greene, 148. "Where a person owns and runs a public ferry under a license, such ferry owner is bound by the conditions of his license, and also by the rules of the common law. And if such ferry owner fails to keep and maintain his ferry as required by law, and thereby…

1Opinion of the Court

Lowe, Oh. J.

i. ferry: ferryman is common earner, The petition develops this case. In November, 1856, the city of Dubuque, with power in its charter to license and establish ferries across J , . . . . _ the Mississippi river at that point, entered into .a contract with George W. Jones and others, to,, keep and maintain a public ferry at Dubuque, with the Illinois shore at Dunlieth, for the term of ten years from and afte'r the first day-of April, 1858, the city reserving the right to regulate the rate of ferriage, and the licensees binding themselves to exercise all proper caution, care, skill…

2Cases cited2 opinions

  1. Albright v. PennTexas Supreme Court · 1855
  2. Babcock v. HerbertSupreme Court of Alabama · 1842

3Cited by2 opinions

  1. Wells v. SteeleSupreme Court of Arkansas · 1876
  2. Mercer v. Christiana Ferry Co.Superior Court of Delaware · 1930

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