McInnis v. Pace

Citations

• 78 Miss. 550

Syllabus

<p>1. Ferries. License. Infringement of right. Injunction. Damages. Code. 1892, U3942-3949.</p> <p>The right of a licensee operating a public ferry established under code 1892, 3942-3949, is exclusive as to those operating another public ferry, without authority, on the same stream and but a few hundred yards distant, and he may enjoin them or sue for the damage sustained by diversion of tolls.</p> <p>2. Same. Location of ferry. Public roads. Code 1892, § 3942.</p> <p>The right to operate a public ferry within a short distance of the site of a bridge which, until its recent destruction, had been a part of a public road, under a license 'authorizing its location “ at or near ” such bridge site, is not impaired by want of power in the board of supervisors to authorize its location elsewhere than exactly at the bridge site, under code 1892, § 3942, requiring all fer-. ries to be located “ on land over which a public road has been laid out and is kept up. ”</p> <p>3. Same. Private ferry.</p> <p>A ferry located in the vicinity of a public ferry, without authority, for the use of those operating it and such other persons as might see fit to avail of it, and from whom tolls are received when voluntarily offered, is not a private ferry.</p> <p>4. Injunction. Dissolution. Extinguishment of right.</p> <p>When the right upon which an injunction was obtained has expired by limitation of time before the hearing of an appeal from a decree dissolving the same, such decree will not be disturbed by the supreme court.</p>