Patrick v. Ruffners
Supreme Court of Virginia
In an action in the circuit court of Kanawha, the following declaration was filed at August rules 1838. George H. Patrick complains of Daniel Ruffner and Lewis Ruffner in custody &c. of a plea of trespass on the case.
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In an action in the circuit court of Kanawha, the following declaration was filed at August rules 1838. George H. Patrick complains of Daniel Ruffner and Lewis Ruffner in custody &c. of a plea of trespass on the case. For that whereas, before and at the time of committing the grievances hereinafter next mentioned, the said plaintiff was possessed of a legally established ferry from the east side of Elk river at the mouth thereof to the west side thereof, during which, and until the institution of this suit, said ferry W'as provided with flats, skiffs and other craft necessary for the…
1Opinion of the CourtBaldwin, J.
The gravamen of this action is the disturbance of the plaintiff’s franchise. A ferry is an incorporeal hereditament acquired from the public, and, in this country, granted by a special act of the legislature, or by some other competent authority under the provisions of a general law. It comprizes not merely the exclusive privilege of transportation, for tolls, across a stream or other body of water, but also the use for that purpose of the respective landings, with the outlets therefrom; without which the grant would be wholly nugatory. It is usually established upon some public road, of…
2Cases cited2 opinions
- Chambers v. FurrySupreme Court of Pennsylvania · 1792
- Cooper v. SmithSupreme Court of Pennsylvania · 1822
3Cited by4 opinions
- McCrary v. HarrellTennessee Supreme Court · 1933
- Evans v. KroutingerIdaho Supreme Court · 1903
- Snidow v. Board of SupervisorsSupreme Court of Virginia · 1918
- Hale v. RecordSupreme Court of Oklahoma · 1915