Public-domain · open source
OpenJurist

3 Watts 219

Chess v. Manown

Supreme Court of Pennsylvania

Decided September 15, 1834

Supreme Court of Pennsylvania · decided 1834-09-15

James Manown, the defendant in error, brought, an action of trespass guare clausum fregit against the plaintiffs in error, to prevent them from landing.with ferry boats and passengers on his land. A public road passes through Manown’s farm to the edge of the Monongahela river. Chess owns the land on the opposite side, and keeps a ferry. Manown contends that Chess has no right to land his passengers at the end of the road terminating at low water mark on Manown’s land.

Relies on 9 Serg. & Rawle 26 - Cooper v. Smith

Decided 1834-09-15

Per Curiam.

¶1The point in this case was decided in Cooper v. Smith, 9 Serg. & Rawle 31, where it was determined that the establishment of a ferry by law, gives the owner of it no right to land his passengers or boats on a public highway without the consent of the owner of the soil. The same principle was held in Chambers v. *220Fury, 1 Yeates 167, where it was determined that the dedication of ground to purposes of public use as a road, gives no right to use it for purposes of landing or receiving freight. Here the locus in quo was a terminus of a public highway on the margin of the river : and there was not even a public ferry to give colour to the pretence of a right to use the shore as 'a landing or wharf for the mooring of boats. The franchise of the public was to pass over the soil, and no more.

¶2Judgment affirmed.

/3/watts/219 · .json · Public domain