Carroll v. Campbell
Missouri Court of Appeals
Appeal from. tlie Madison County Circuit Court, James D. Fox, Judge. The Glen eral Assembly of Missouri may grant an exclusive ferry franchise. Challiss v. Davis, 56 Mo. 25; Alexandria Ferry Co. v. Wisch, 73 Mo. 655 ; Harrison v. The State, 9 Mo. 530. And this power may be conferred upon, and exercised by, municipal corporations. Minturn v. Larue, 23 How.
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Appeal from. tlie Madison County Circuit Court, James D. Fox, Judge. The Glen eral Assembly of Missouri may grant an exclusive ferry franchise. Challiss v. Davis, 56 Mo. 25; Alexandria Ferry Co. v. Wisch, 73 Mo. 655 ; Harrison v. The State, 9 Mo. 530. And this power may be conferred upon, and exercised by, municipal corporations. Minturn v. Larue, 23 How. (U. S.) 335. “ The power of the legislature to grant the right to maintain a ferry across the Mississippi river is not affected by the ordinance of 1787, or the power of congress to regulate navigation.” Fanning v. Gregoire, 16 How. (U. S.)…
1Opinion of the CourtLewis, P. J.
The petition shows that the city of Cape Girardeau is a municipal corporation, duly, incorporated under an amendatory act of the General Assembly, approved March 29, 1872, which gives to the said city “ exclusive power and right to regulate, tax,, and license all ferries within its limits” ; that, on or about September 14, 1885, the mayor and council granted to the plaintiff an exclusive ferry franchise and license “for the sole purpose of keeping, running, and operating a steam ferry boat over and across the Mississippi river, within the jurisdictional limits of the city of Cape Girardeau,…
2Cases cited1 opinion
- City of St. Louis v. Waterloo-Carondelet Turnpike & Ferry Co.Missouri Court of Appeals · 1883
3Cited by3 opinions
- Ex parte DickeyWest Virginia Supreme Court · 1915
- North v. StevensonMissouri Court of Appeals · 1897
- State ex rel. Davis v. SchmitzCourt of Appeals of Kansas · 1889