Broadnax v. . Baker
Supreme Court of North Carolina
Motion to continue a restraining order to the hearing, in a case-pending in the Superior Court of NORTHAMPTON county, heard by Phillips, Judge, at Chambers in Jackson, on October 16th, 1885. The plaintiffs, W. E. Broadnax and E. W. Wilkins, the other-plaintiff being their lessee, are the owners of a ferry, which, for more than fifty years has been operated by their ancestors and themselves across the Roanoke river at Gaston, between its opposite banks in Halifax and…
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Motion to continue a restraining order to the hearing, in a case-pending in the Superior Court of NORTHAMPTON county, heard by Phillips, Judge, at Chambers in Jackson, on October 16th, 1885. The plaintiffs, W. E. Broadnax and E. W. Wilkins, the other-plaintiff being their lessee, are the owners of a ferry, which, for more than fifty years has been operated by their ancestors and themselves across the Roanoke river at Gaston, between its opposite banks in Halifax and Northampton counties, terminating at public roads in each. It is recognized as such, and the tolls are regulated by the county…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The franchise of keeping a public ferry, and demanding toll for transportation, resides in the State, and is so incident to riparian ownership, that it can ,be granted to none others than those who own the land at one or the other of its terminal connections, unless such proprietor or proprietors refuse to exercise it; when it may be conferred upon another, who can only obtain the right to use the soil for the purpose, by making compensation, and this even when those termini are public roads. Pipkin v. Wynn, 2 Dev., 402. This right to demand tolls in, operating a…
2Cases cited2 opinions
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