Gibbes v. Town Council of Beaufort

Citations

• 20 S.C. 213
• 1883 S.C. LEXIS 140

Syllabus

<p>1. In action by the owners of a chartered ferry against defendant for damages for establishing another ferry, there being some evidence that the second ferry was within one mile of the first, the trial judge did not err in refusing a motion for non-suit based upon the want of proof of location.</p> <p>2. Where an act covers only part of a general subject and gives additional remedies by way of penalties in a particular case for the enforcement of an old common law right, such additional remedy is not exclusive, but the common law remedy still exists.</p> <p>3. Qucere. Where the legislature grants to a municipal corporation the usual powers and duties to make provision for the convenience and prosperity of its citizens, does a charter of a ferry granted to private individuals deprive such corporation of the right to establish a free ferry within a mile of the other-, and how should the question he raised ?</p> <p>4. A municipal corporation is not liable to -be sued in an action of tort for non-feasance or misfeasance of its officers, as e. g. for establishing a ferry to the injury of one already existing, unless expressly made so liable by statute.</p>