Taylor v. Rushing
Supreme Court of Alabama
This was an appeal tried in the Circuit Court of Autauga county. George Taylor had obtained a judgment against B. Rushing, as the owner of a public ferry, for ten dollars, as a penalty incurred by reason of his being detained at the public ferry of said Rushing.
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This was an appeal tried in the Circuit Court of Autauga county. George Taylor had obtained a judgment against B. Rushing, as the owner of a public ferry, for ten dollars, as a penalty incurred by reason of his being detained at the public ferry of said Rushing. On the trial of the appeal, the proof was, that the ferry belonged to Rushing, and had been regularly established by the County Court; that in May, IS26, the plaintiff had been detained two hours on account of the absence of the ferryman. It was proved that before and after this time, Rushing kept the ferry himself, but that at this…
1Opinion of the Court
By JUDGE PERRY.
The penalty is claimed under the provisions of the statute, passed December the 20th, 1820, which is in these words: “And it shall and may be lawful, for any person or persons detained at any public ferry, by reason of the ferryman’s not having good and sufficient boats, or other proper craft, and hands, or by neglecting to do his duty, may by warrant from a justice of the peace, recover from such ferryman, or owner of such ferry, the sum of ten dollars for every default or negleet.” a Under this clause of the statute, the facts of the case present two subjects for our…
2Cited by4 opinions
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- Dockery v. McDowellSupreme Court of Alabama · 1867