Legal Opinion

Fortain v. Smith

California Supreme Court

Decided October 10, 1896No. S. F. No. 327PublishedCited by 11 opinions

Appeal from an order of the Superior Court of Del Norte County dissolving an injunction and from an order sustaining a demurrer to a complaint. James E. Murphy, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtVan Fleet, J.

Action to restrain and enjoin defendants from maintaining a ferry.

The complaint alleges that the board of supervisors of Del Norte county, in July, 1891, granted to plaintiff and one William T. Bailey a franchise to establish and maintain a public toll ferry, at a certain point on the Klamath river, in said county, on the line *495of travel between that county and the county of Humboldt—said franchise to run for a period of twenty years from the granting thereof; that in accordance with the franchise so granted the ferry was duly established in the year 1891; that thereafter, and prior to the 1st…

2Cited by11 opinions

  1. Central Montana Stockyards v. FraserMontana Supreme Court · 1957
  2. Fearon v. FoderaCalifornia Supreme Court · 1915
  3. Newsom v. Board of Supervisors of Contra Costa CountyCalifornia Supreme Court · 1928
  4. Van Harlingen v. DoyleCalifornia Supreme Court · 1901
  5. Vallejo Ferry Co. v. Solano Aquatic ClubCalifornia Supreme Court · 1913

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