Powell v. Maguire
California Supreme Court
This action was originally commenced in the District Court of the Seventh Judicial District for Solano County, hut was afterwards transferred to ¡Napa County.
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This action was originally commenced in the District Court of the Seventh Judicial District for Solano County, hut was afterwards transferred to ¡Napa County. On February 1st, 1869, a judgment was rendered in favor of plaintiff, that he should be let into equal participation and enjoyment with the defendant in the franchise and ferry business between Vallejo and Mare Island, and ordering a reference to the Court Commissioner to state an account as to the expenses and receipts of said ferry. The Commissioner reported that the expenses from the time of the granting of the franchise up to May…
1Opinion of the Court
By the Court,
Crockett, J.:
In the year 1866 the Legislature granted to the defendant, “his associates and assigns,” a franchise authorizing him or them to establish, and for twenty (20) years to maintain, a steam ferry between Vallejo and Mare Island. Shortly after obtaining the franchise the defendant constructed a steam ferry-boat at his own expense, and in the Spring of 1867 commenced, and has ever since continued, to use her as a ferry-boat between said points. The plaintiff claims that, before the franchise was obtained, he and the defendant had ' entered into a parol agreement, to the…
2Cited by18 opinions
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- Mann v. BowenSupreme Court of Georgia · 1890
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