Almy v. Harris
New York Supreme Court
ON certiorari from a justice’s court. Harris sued Almy in the court below, in ail action on the case, for disturbing him in the enjoyment of a ferry across the Cayuga lake, at the village of Cayuga, granted to Harris, by the courts of common pleas, for the counties of Cayuga and Seneca. A judgment for damages was given in favour of Harris, on which the certiorari was brought to this court. Several errors were assigned ; but it will be sufficient to state the opinion of court.
1Per curiam
There is one error which we consider fatal, and for that we think there must be a judgment of reversal. The act to regulates ferries within this state, (20 sess. ch. 64. sec. 1.) prohibits any person, except Within the southern district, the counties of Orange and Clinton, from keeping or using a ferry, for transporting across any river, stream or lake, any person ór persons, or any goods or merchandise, for profit or hire, unless licensed in the manner directed by that act, under a penalty of five dollars.
If Harris had possessed a right, at the common law, to the exclusive enjoyment of this…
2Cited by44 opinions
- Bridges v. . B'd Supervisors of Sullivan Co.New York Court of Appeals · 1883
- President of Waterford v. PeopleNew York Supreme Court · 1850
- State ex rel. K. C., St. J. & C. B. R. R. v. SeveranceSupreme Court of Missouri · 1874
- State ex rel. King County v. Superior CourtWashington Supreme Court · 1918
- Dawson v. DawsonSupreme Court of Iowa · 1861
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