The Lawyers Reports Annotated Volume 12
Author: Anonymous
Publisher: Rarebooksclub.com
Published: 2013-09
Total Pages: 1108
ISBN-13: 9781230082035
DOWNLOAD EBOOKThis historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...river. The land at the point of landing on the Madison side is owned by appellant, and that on the opposite shore, in Clark county, by the appellee, Ford Lumber 4 Manufacturing Company. Richards had, however, obtained of the latter company a writing granting him the use of its ground Note.--The right to construct log booms, including the right to recover for injury to the boom, is treated in a note to Miller v. Hare, 39 L.R.A. 492, and the general subject as to the right to obstruct or destroy rights of navigation, in the note to Hutton v. Webb, 59 L.R.A. 33. for a ferry landing on the Clark side of the river. The contest over the ferry in the Madison county court resulted in the awarding of the privilege by that court to Richards. Appellant immediately took an appeal to the Madison circuit court, and that court, upon hearing, reversed the judgment of the county court and granted appellant the ferry franchise in question, but held that it would be necessary for him to acquire the ferry landing on the Clark county side of Kentucky river by condemnation, as appellee objected to his use of it for that purpose. To accomplish this object, a writ of ad quod damnum was awarded appellant, which issued in the usual form. In the meantime appellee, Ford Lumber & Manufacturing Company, which had all the while been backing Richards in his contest with appellant over the ferry right, applied to the Clark county court for the privilege to operate a ferry at the same place and between the same point3 on the Kentucky river, and that court, notwithstanding the jurisdiction over the ferry privilege previously acquired, first by the county court, and later the circuit court of Madison county, was proceeding to act upon appellee's application, if not to...