Carrow v. President of Washington Toll-Bridge Co.
Supreme Court of North Carolina
Petition, to establish a public ferry across Pamlico river at the town of Washington, heard upon appeal from the order of the County Court granting the same, by his Honor, Barnes, J-, at Fall Term, 1866, of the Superior Court of Beaufort. From his Honor’s order, affirming that in the County Court, the defendants appealed to this court.
Read the full summary
Petition, to establish a public ferry across Pamlico river at the town of Washington, heard upon appeal from the order of the County Court granting the same, by his Honor, Barnes, J-, at Fall Term, 1866, of the Superior Court of Beaufort. From his Honor’s order, affirming that in the County Court, the defendants appealed to this court. The facts appear set forth sufficiently in the opinion of the court. 1. In petitions for franchises not even an inchoate right passes until the proceedings are terminated by a grant. A rejection of the prayer therefore, whether by the department which…
1Opinion of the CourtBattle, J.
The power of the Court of Pleas and Quarter Sessions of Beaufort county to order the establishment of a ferry at the placo indicated in the pleadings, notwithstanding its propinquity to the toll-bridge of the defendants, is clearly settled by its authority, and cannot now be disputed. Smith v. Harkins, 3 Ire Eq., 613; Charles River Bridge v. Warren Bridge, 11 Peters, 420.
This power is one of the attributes of the sovereignty of the State, which is to be exercised by the Legislature itself, or by any agent whom that body may authorize to act for it. The County Courts were selected as such…
2Cases cited1 opinion
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
3Cited by2 opinions
- Town of Durham v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Robinson v. . LambSupreme Court of North Carolina · 1900