Shinn v. Cotton

Decided May 15, 1889

Supreme Court of Arkansas · decided 1889-05-15

G. S. Cunningham, Judge. Mansfield’s Digest, Sec. 3328 provides that the County Court shall not permit any ferry to be established within one mile above or below any ferry previously established, except, at or near cities and towns where the public convenience may require it. * * * Section 3335 of the same digest is as follows: “ If any person shall keep any ferry over any navigable-stream, for which he shall charge any person any money or any other valuable thing, without…

Cited by 1 later decisions — most recently October 1916

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-05-15

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Per Curiam.

¶1Ferries: Running without license. This is a suit for a statutory penalty under Sec. 3335 Mansfield’s Digest. The proof showed the running of a free skiff within a mile of plaintiff’s licensed ferry, by the defendants, as an inducement to persons to trade at their store.

¶2The agreed statement of facts is to the effect that the persons so carried did not agree to buy anything of defendants, and that the defendants made no charge, in money or other valuable thing, for ferriage.

¶3Plaintiff’s right to damages for an injury done him, had he sought such a remedy, would have been clear under the authorities cited by him; but the statutory penalty is not recoverable against one who runs a free ferry. The agreed statement of facts excludes a recovery.

¶4Affirmed.