Town of Golconda v. Field

Citations

• 108 Ill. 419
• 1884 Ill. LEXIS 1494

Syllabus

<p>1. Eebey—rights and duties of holder of franchise. A party, by accepting a ferry franchise, assumes an obligation to the public to provide necessary boats and machinery to transport persons and property, and is bound to provide safe and proper facilities for the prompt and speedy accommodation of the public, in consideration of which the law gives him the exclusive right to toll from all persons who may use his ferry. The privilege of establishing and operating a ferry is a franchise, in which the public have an interest.</p> <p>2. Same—remedy for infringing on right. The creation of a rival ferry is an invasion of a grant of a prior franchise. An invasion of such a right is a nuisance, and the- party aggrieved will have a remedy at law in an action on the case for the disturbance, and in modern practice resort may be had to a court of equity to stay the injurious interference.</p> <p>3. An exclusive ferry franchise was, in 1823, conferred on a party, who continued to use and enjoy the same until his death, in 1855, when the same descended to his heirs, who took possession of and continued to operate the ferry under such franchise. In 1859 the General Assembly, by a special act, authorized one of the heirs to establish a ferry at the same place, and operate the same for the term of twenty years. At the expiration of this term, in 1879, the county board issued a ferry license at the same place to a third person, who transferred the same to an incorporated town, to whom the tenant of the heirs attorned: Held, that the right to the franchise which the heirs inherited was not lost or surrendered by accepting or acting under the grant in 1859, and that a court of equity would enjoin any interference with their rights by those claiming under the license of the county board.</p> <p>4. Estoppel—/rom an admission—or accepting a title inferior to one already held. The very nature of an estoppel is, where an admission is intended to lead, and does lead, a man with whom a pe