Biggs v. . Ferrell
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Martin County, at the Fall Term, 1850, his Honor Judge Baxi-ey presiding. This was a ease agreed.
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Appeal from the Superior Court of Law of Martin County, at the Fall Term, 1850, his Honor Judge Baxi-ey presiding. This was a ease agreed. The facts of the case are as follows, to wit: In March, 1848, the plaintiff’s carriage and horses were taken on board a Flat at the public Ferry, on the Roanoke river, called Hill’s Ferry, to transport across the river, and. -in carrying them across, both of the horses were thrown out of the flat by the limb of a tree, projecting from the bank of the river, striking the carriage, and one of the horses was thereby drowned. The Ferry was attached to a tract…
1Opinion of the CourtPearson, J.
If there was no privity between the defendant's testator and Purvis, the ferryman, it is clear the action cannot be maintained. It is, therefore, most favorable for the plaintiff, to put the agency of Jones out of view, and consider the lease as made by the defendant’s testator. This question is then presented: The owner of land, with the-franchise of a ferry annexed, makes a lease for one year, and is to receive as rent, two thirds of the profits. Loss is suffered by the plaintiff — has he a right of action against the lessor 1
We think he has not: and suppose his Honor fell into error, by…
2Cited by4 opinions
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- McInturff v. St. Louis Union Trust Co.Supreme Court of North Carolina · 1931
- Deaver v. . RiceSupreme Court of North Carolina · 1838
- Knight v. . FosterSupreme Court of North Carolina · 1913