Washington Toll Bridge Co. v. Commissioners of Beaufort
Supreme Court of North Carolina
Civil ActioN to recover a Penalty tried at Fall Term, 1878, of Beaufort Superior Court, before Eure, J. On the 24th day of December, 1812, the general assembly passed an act incorporating “ the president, directors and company of the Washington'toll bridge,” and authorized the company, when constituted according to the provisions of its charter, “ to build a bridge across Tar river,, above the town of Washington in Beaufort countj’, and near the said town, to commence at…
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Civil ActioN to recover a Penalty tried at Fall Term, 1878, of Beaufort Superior Court, before Eure, J. On the 24th day of December, 1812, the general assembly passed an act incorporating “ the president, directors and company of the Washington'toll bridge,” and authorized the company, when constituted according to the provisions of its charter, “ to build a bridge across Tar river,, above the town of Washington in Beaufort countj’, and near the said town, to commence at Bridge street next above and adjoining a lot belonging to Walter Hanrahan, situate on the north west end of said town and…
1Opinion of the CourtSmith, C. J.
(After stating the case.) Numerous points, were made and discussed by defendant’s counsel, of which it is only needful to specify the following:
1. The grant of an exclusive right to plaintiff to provide' means of transit over the river for the space of six miles,, contained in the act of December 11th, 1866, is inoperative- and void as conferring special privileges without adequate or indeed any proper consideration to the state.
2. The general assembly cannot by contract or otherwise-divest itself or deprive its successor of the power to provide- or authorize those increased facilities for…
2Cases cited5 opinions
- Terry v. AndersonSupreme Court of the United States · 1877
- Murray v. CharlestonSupreme Court of the United States · 1878
- Beers v. HaughtonSupreme Court of the United States · 1835
- Raleigh & Gaston Railroad v. ReidSupreme Court of North Carolina · 1870
- Richardson v. . WickerSupreme Court of North Carolina · 1879
3Cited by17 opinions
- State v. . WhitenerSupreme Court of North Carolina · 1885
- Edwards v. Goldsboro.Supreme Court of North Carolina · 1906
- Glenn v. Commissioners.Supreme Court of North Carolina · 1905
- Thrift v. . Elizabeth CitySupreme Court of North Carolina · 1898
- Tabor v. . WardSupreme Court of North Carolina · 1880
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