Warner v. Ford Lumber & Mfg. Co.
Court of Appeals of Kentucky
Case 13. — PROCEEDINGS BY ANSE WARNER AGAINST THE FORD LUMBER & MANUFACTURING CO. TO CONDEMN LAND FOR A FERRY LANDING. — Appeal from Madison Circuit Court. W. W. Stevens, Special Judge. From a judgment awarding damages plaintiff appeals.
Read the full summary
Case 13. — PROCEEDINGS BY ANSE WARNER AGAINST THE FORD LUMBER & MANUFACTURING CO. TO CONDEMN LAND FOR A FERRY LANDING. — Appeal from Madison Circuit Court. W. W. Stevens, Special Judge. From a judgment awarding damages plaintiff appeals. POINTS AND AUTHORITIES. 1. A ferry is a public highway and is established more for the public good than for the individual advantage of the grantee, (Farnam Water and Water Rights, Volume 1, pages 130 and 131; Brown v. Givens, 4 J. J. M., 30.) 2. Courts take judicial notice of navigable streams. (King v. American Transportation Co., Federal Cases, No. 7787.)…
1Opinion of the Court
Opinion by
Judge Settle.
Reversing.
Appellant, Anse Warner, and one J. C. Rickards each made application to the Madison county court for a license to operate a ferry across the Kentucky river at Ford, a flourishing village, situated in Clark county. At that point the river constitutes the dividing line between the counties of Madison and Clark, and the operation of the ferry requires, of course, a landing on either side of the river. The land at the point of landing on the Madison side is owned by *108appellant, and that on the opposite shore, in Clark county, by the appellee, Ford Lumber .&…
2Cases cited6 opinions
- Clark County Court v. WarnerCourt of Appeals of Kentucky · 1903
- Williamsburg Boom Co. v. SmithCourt of Appeals of Kentucky · 1886
- Dupoyster v. ClarkeCourt of Appeals of Kentucky · 1905
- Richmond & Lex. Turnpike Road Co. v. RogersCourt of Appeals of Kentucky · 1863
- Smith v. AtkinsCourt of Appeals of Kentucky · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McMorran Milling Co. v. C. H. Little Co.Michigan Supreme Court · 1918
- Auxier v. AuxierCourt of Appeals of Kentucky · 1918
- State v. TowndrowNew Mexico Supreme Court · 1919
- Pierson v. CoffeyCourt of Appeals of Kentucky · 1985
- Wedding v. LairCourt of Appeals of Kentucky · 1966
6 more not listed; retrieve them via the Exa API.