Ferry

' A place where persons and things are taken across a stream or body of water, in boats, for hire.^ May refer to the water traversed or to the landingplace or places." Ferry frahc Mse. A right conferred to land at a particular point upon a stream, and to secure toll for the transportation of passengers and property from that point across the stream.* The essential element is the exclusive right to transport persons, their horses, vehicles, and personal goods, from one shore to the other, over the intervening water, for the toU.^ Ferriage. The price or fare to be paid for crossing a ferry; also, the transportation itself."

Ferryman.

At common law, one who had the exclusive right of transporting passengers over rivers or other water-coui'ses, for hire, at an established rate.' The grant of a ferry franchise in its nature implies the taking of toll. The only ferries known in some places, as in Massachusetts, are toll ferries.^ The ordinary feriy is a substitute for the ordinary bridge, for the accommodation of the public generally. The railroad ferry is a substitute for the railroad bridge, being the continuation of the railroad tracks across a stream of water; it is not a grant of an exclusive ferry franchise.* One may lawfully transport his own goods in his own boat where another has an exclusive right of ferry.'" A State may impose a license fee, directly or through a rhunicipal corporation, upon the ferry- ' A. S. ferian, to convey across, carry, go. ' [Akin V. Western K. Co., 30 Barb. 310 (1867); Same V. Same, 20 N. T. 376 (1859); Newton v. Cubitt, IS C. B. *58 (1802); 14 Bradw. 381. ' Schuylkill Bridge Co. v. Frailey, 13 S. & B. *424 (1825); State v. Hudson, S3 N. J. L. 209 (1851). * [Mississippi Bridge Co. v. Lonergan, 91 111. 518 (1879); aa id. 369; 2 GUm. 169. = [Broadnax v. Baker, 94 N. C. 078 (1880), cases. Smith, C. J.; s. 0. 55 Am. R. 633. Approved, Mayor of New York V. Starin, 106 N. Y. 11 (1387). • [People V. San Francisco, &c. E. Co., 35 Gal. 619 (1868). ' Clarke v. State, 3 Mc Cord, 48 (S. C, 1822). « Attorney-General v. Boston, 123 Mass. 468 (1877), cases. » Mayor of New Y'ork v. New England Transfer Co., 14 Blatch. 168 (1877), cases. '"Alexandria, &o. Ferry Co. v. Wisch, 73 Mo. 655 (1881); See also 3 Bl. Com. 219; 2 id. 37; 5 Cal. 470; 20 keepers living in the State, for boats whicli they use in conveying, from a landing in the State, passengers and goods across a navigable river to a landing in another State, i Any person who invades the rights of the owner of a ferry franchise by running a ferry himself, is liable for any damages he causes the owner, and may be restrained from a continuance. But, probably, the courts would not restrain the operation of a ferry demanded by public convenience simply because the rightful owner of the franchise neglects or refuses to use it. Such franchise does not include the carrying of merchandise without the presence of the owners; this is the business of a common carrier, and may be done without interference with such franchise. The grant of a fi'anchise may be perpetual.* See Bbidse; Carrier, Common; Commerce; Franchise, 1; License, 3; NnisANCE; Toll, 2; Tonnage; Vehicle.