Opinion · Supreme Court of North Carolina

Pipkin v. . Wynns

13 N.C. 402

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1830-06-05
Topic
general

Henderson, Chief Justice -The case of Rayner v. Dowdy, or the reasoning upon which it is founded, stands directly in the way of a correct decision in this case. That case was argued on one side only, and was not well considered. The sole and'exclusive right of transporting persons over water courses for tolls (by which is meant price, independent of contract) resides in no individual j it belongs to the sovereign- But the right of transporting persons over water courses may belong to an individual, and he may by contract express or implied, receive hire for so doing* it is the exclusive right which makes the franchise. Where the sovereign, as owner of the land, possesses the power of transporting persons, his grant in such cases will communicate the whole franchise.

Citator

UpLaw has not yet analyzed Pipkin v. . Wynns. The absence of a flag is not a finding that it is good law.

Cited by
1 opinion