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eBook details

• Title: Conway Et Al. v. Taylor's Executor
• Author : United States Supreme Court
• Release Date : January 01, 1861
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 79 KB

Description

Mr. Stanbery, of Ohio, for appellants. In considering the nature and extent of the title set up by the plaintiffs below we have only to look to their ferry license from Kentucky, and their coasting license from the United States. And as their case is founded on an exclusive privilege to which the United States license does not extend, they must be confined wholly to their ferry license. This, by their own showing, is a ferry license from the Kentucky side to the Ohio side, not from the Ohio side also to the Kentucky side; and although they ask an injunction against running our boat 'between Cincinnati and Newport,' yet the decree below only finds the ferry right to extend from Kentucky to Ohio, and not from and to both sides of the river; and the injunction is accordingly limited against transportation by our boat from the Kentucky shore. The decree of the Court of Appeals finds that the place of landing of the Commodore, our boat, on the Kentucky side, is at a public landing; that the right of wharfage at that place belongs to the city of Newport; and that the owners of the Commodore had a right, under the city of Newport, to land their boat at that place. Here, then, we have as established facts, a navigable river dividing two States, a public wharf, and a vessel navigating the river under a license from the United States, and a decree, notwithstanding the license, which forbids that vessel to transport persons or property from that landing across the river to the opposite shore.

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