Smith v. . Harkins
Supreme Court of North Carolina
Appeal from an interlocutory order of the Court of Equity, oí Buncombe, at the Fall Term, 1844, his Honor Judge Battle presiding, directing an injunction, which had been granted in the case, to be continued to the hearing.
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Appeal from an interlocutory order of the Court of Equity, oí Buncombe, at the Fall Term, 1844, his Honor Judge Battle presiding, directing an injunction, which had been granted in the case, to be continued to the hearing. The bill was filed in May, 1844, and a supplemental bill 011 ^e 15th of June, 1844. They state, that upwards of forty years ^0|'°> a public ferry was established across the French Broad River in Buncombe county, on the State road, leading from Asheville to Waynesville, in Haywood county, to Macon and Cherokee counties, and to Georgia; and that it is situated about 1J miles…
1Opinion of the CourtRuffin, C. J.
In deciding on this appeal it is to be borne in mind, that the question did not arise on the hearing of the Cause, whether there should be a perpetual injunction ; but the question is, merely, whether the injunction shall be continued to the hearing.. It is a doctrine of the common law, that if a ferry be erected so near an ancient ferry on the same stream as to draw away its custom, it is a nuisance to the owner of the old one, 3 Black. 219. And it was held by this court in the case of Long v. Beard and Merrill, 3 Mur. 57, that in such a case an action lies for the owner of the first ferry,…
2Cases cited1 opinion
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