Knott v. Frush
Oregon Supreme Court
Appeal from Multnomah County. The bill of complaint alleges that the plaintiff is running a ferry from the foot of Stark street, in the city of Portland, across the "Willamette triver to the terminus of the base line and Sandy road, by virtue of a ferry right purchased of James B. Stephens, who claimed under a charter from the legislature, and that the defendants are running a ferry between the same points without authority of law, and to the injury of plaintiff.
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Appeal from Multnomah County. The bill of complaint alleges that the plaintiff is running a ferry from the foot of Stark street, in the city of Portland, across the "Willamette triver to the terminus of the base line and Sandy road, by virtue of a ferry right purchased of James B. Stephens, who claimed under a charter from the legislature, and that the defendants are running a ferry between the same points without authority of law, and to the injury of plaintiff. The defense is that Ann E. Frush, as the administratrix of "William H. Frush, is carrying on a ferry under a license granted to him…
1Opinion of the CourtPrim, J.
In this suit there is no material controversy about the facts, and the case turns on the question, whether the defense set up in the answer amounts to a legal justification. The only question raised by the answer is, does a ferry license, granted by the County Court under our statutes to a person other than the riparian owner, expire with the death of the party to whom it was granted? "We hold that it does; *238for the reason, that, under our statutes, such a franchise is a mere personal trust bestowed on the grantee, upon conditions imposed upon him alone; and his liability cannot be removed by…
2Cases cited1 opinion
- Moore v. McKinlay & GarriochCalifornia Supreme Court · 1855
3Cited by3 opinions
- Hackett & Multnomah Ry. Co. v. Wilson & MontgomeryOregon Supreme Court · 1885
- Evans v. KroutingerIdaho Supreme Court · 1903
- Montgomery v. Multnomah Railway Co.Oregon Supreme Court · 1884