Richards v. Fuqua's Adm'rs
Mississippi Supreme Court
IN error from the circuit court of Yazoo county ; Hon. E. G. Henry, judge. This was an action brought by intestate, (John W. Fuqua,) in his lifetime, against plaintiff in error, (Richards,) to recover of him, as the keeper of a public ferry, the value of a negro man, named Anderson, and one mule, which were drowned in crossing Richards’ ferry; the keeping of the public ferry, and the loss of the property, are proved by any number of witnesses ; and much proof is introduced…
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IN error from the circuit court of Yazoo county ; Hon. E. G. Henry, judge. This was an action brought by intestate, (John W. Fuqua,) in his lifetime, against plaintiff in error, (Richards,) to recover of him, as the keeper of a public ferry, the value of a negro man, named Anderson, and one mule, which were drowned in crossing Richards’ ferry; the keeping of the public ferry, and the loss of the property, are proved by any number of witnesses ; and much proof is introduced as to the insufficiency of the ferry flat kept by Richards, and the inefficiency of the ferryman who had charge of the…
1Opinion of the CourtJustice Handy
The first ground of error taken is, that there is no evidence in the record showing that the plaintiff in error received any compensation for transporting passengers or the property in question across the Yazoo Eiver in the ferry-boat kept by him, and, therefore, that he was only held to ordinary diligence, which, it is insisted, is proved to have been exercised by him.
The evidence shows that the ferry was kept by the plaintiff in error as a public ferry, under the authority of an act of the legislature. It is not to be presumed that persons and property were transported free of charge, at…
2Cases cited2 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Robert Boyce, in Error v. Paul Anderson, in ErrorSupreme Court of the United States · 1829
3Cited by5 opinions
- Wilson v. AlexanderTennessee Supreme Court · 1905
- State ex rel. Rankin v. MartinMontana Supreme Court · 1923
- Wells v. SteeleSupreme Court of Arkansas · 1876
- Powell v. MillsMississippi Supreme Court · 1859
- Gunter v. State, Department of HighwaysLouisiana Court of Appeal · 1961