Webb v. Hanson

Appeal from the Tenth Judicial District, Yuba County.

Webb petitioned the Court of Sessions of Yuba County for a ferry license across Feather River, near Yuba City, stating that he was “the owner, or” had a possessory right to the land on both sides; and that he had given the notices required. The Court granted the petition, authorizing the applicant to collect specified tolls; from which order the appellant and one Bayless appealed to the District Court, and filed a written opposition, denying the petition, and stating that they each held a several license to run a ferry within one mile of the place where Webb sought to have a ferry. The cause was tried by a jury in the District Court, and evidence given on both sides, as to the utility of the proposed ferry, &c. A motion by the appellants for a nonsuit, was denied; and several instructions asked by them were refused. The jury found that the proposed ferry was required by the public convenience; that the land where it was sought to be established, was public land; that the applicant was a suitable person to keep a ferry; and that notices of his application had been set up in three of the most public places of the township, thirty days before the order of the Court of Sessions. The Court overruled a motion by the appellants for a new trial; and affirmed the order of the Court of Sessions. Hanson appealed to this Court.