Harrell v. Ellsworth

Citations

• 17 Ala. 576

Syllabus

<p>1. The grant of a license by the commissioners’ court to establish a toll bridge is a privilege, in its nature strongly resembling a franchise granted by the State, and in general must be governed by the same principles.</p> <p>2. Where the commissioners’ court grants to a party a license to establish a toll bridge, on a condition to’ be performed; and lie is in possession of the privilege, his right to its enjoyment cannot be.called'in question by ah individúa!, On the ground of his’ failure to perform the condition. Such a power belongs exclusively to the commissioners’ court.</p> <p>3. The 5th section of the act of 1839, which provides that no licensed toll bridge or ferry shall be established on the same water-course, within two sniles, by water, of any toll bridge- or ferry already established, was in- . tended to limit the power of the commissioners’ court, and not to enlarge the privilege of wrong-doers.</p> <p>4. Under the proviso to the 1st section of the act of 1839, relative to the establishment of toll bridges &o., any person may- establish a private bridge, but it must be limited to his own use.</p> <p>5. A court (f equity will grant a perpetual injunction to restrain the owner’ of a private bridge from permitting travellers &c., subject to the payment of toll at an established bridge, to pass over his bridge, in violation of the rights of the proprietor of the established bridge, and decree to the latter a pecuniary recompense for the losses thereby sustained’.</p>