Weld v. Chapman
Supreme Court of Iowa
Appeal from the Dubuque District Court. This action is brought to recover damages for an infringement of a ferry right. Weld had a license, granted in 1850, and renewed in 1851, by the board of commissioners of Dubuque county, Iowa, to ferry across the Mississippi river, from appoint called Weld’s ferry, in Iowa.
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Appeal from the Dubuque District Court. This action is brought to recover damages for an infringement of a ferry right. Weld had a license, granted in 1850, and renewed in 1851, by the board of commissioners of Dubuque county, Iowa, to ferry across the Mississippi river, from appoint called Weld’s ferry, in Iowa. This-was in force from July, 1850, to July, 1852. Chapman held a- license, granted in 1849, by the county court of Grant county, in Wisconsin, for the term of three years, from the 24th of August, 1849, to ferry from the landing at the town of Potosí, in Wisconsin, across the Grant…
1Opinion of the CourtWoodward, J.
The defendant claims, first, an exclusive right to ferry at that place; second, at least, a right to ferry both ways; or third, a right to transport the mail coaches, with the passengers therein.
The grant of a franchise by the state, cannot extend beyond her own limits. She grants such rights as she may lawfully give, and no more; nothing beyond the state limits is contemplated. This is true of grants of a territorial nature, at least; or of those to be exercised on given ground. A ferry is mainly in respect to the landing, not of the water; therefore, this state could not grant a ferry right…
2Cited by7 opinions
- State v. FaudreWest Virginia Supreme Court · 1903
- Vallejo Ferry Co. v. Solano Aquatic ClubCalifornia Supreme Court · 1913
- Burlington & Henderson County Ferry Co. v. DavisSupreme Court of Iowa · 1878
- Kitsap County Transportation Co. v. Manitou Beach-Agate Pass Ferry Ass'nWashington Supreme Court · 1934
- Challiss v. DavisSupreme Court of Missouri · 1874
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