In Re Spease Ferry
Supreme Court of North Carolina
PbtitioN by Spease and Company, beard by Judge O. U. Allen and a jury at the September Term, 1904, of tbe Superior Court of Eoesyth County. This was a petition filed by Spease & Company before the Board of Commissioners of Eorsyth County, asking for a license to establish a ferry across the Yadkin Eiver near Don-naha. To which petition Poindexter and Company filed exceptions.
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PbtitioN by Spease and Company, beard by Judge O. U. Allen and a jury at the September Term, 1904, of tbe Superior Court of Eoesyth County. This was a petition filed by Spease & Company before the Board of Commissioners of Eorsyth County, asking for a license to establish a ferry across the Yadkin Eiver near Don-naha. To which petition Poindexter and Company filed exceptions. The Board of Commissioners made an order granting the petition, from which Poindexter and Company appealed to the Superior Court, and from the judgment of tbe Superior Court affirming tbe Commissioners’ order, they…
1Opinion of the CourtClark, C. J.
By Chapter 222 Laws 1895, Poindexter & Co. were authorized to establish a public ferry near Donnaha station on the Yadkin River, for the term of thirty years, “subject to the general law, rules and regulations governing such ferries.” By section 3 of said act it is provided, “It shall be unlawful for any person to establish any other ferry within iy2 miles of said ferry.” This is a petition by Spease to the county commissioners to allow him to establish a ferry within the forbidden distance, heard on appeal in the Superior Court.
There can be no question as to the power of the General Assembly…
2Cases cited11 opinions
- Wright v. NagleSupreme Court of the United States · 1880
- Wheeling & Belmont Bridge Co. v. Wheeling Bridge Co.Supreme Court of the United States · 1891
- Sloan v. Carolina Central RailroadSupreme Court of North Carolina · 1900
- Broadnax v. . BakerSupreme Court of North Carolina · 1886
- Washington Toll Bridge Co. v. Commissioners of BeaufortSupreme Court of North Carolina · 1879
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- State v. FeltonSupreme Court of North Carolina · 1954
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