State Highway Commission v. Smith

Opinion of the Court by

Stanley, Commissioner

Eeversing.

This case presents the question whether the state highway commission has the authority under present laws to establish and operate permanently a free ferry. It is also submitted that if the commission has such authority generally, it may not do so wijthin one mile of an existing ferry, under the limitations of section 1820 of the Statutes.

As a permanent part of the highway between Glasgow and Albany, the commission was proceeding to establish and maintain a ferry across Cumberland river near Burkesville in lieu of a bridge at that point.…