Reports of Cases in the Supreme Court of Appeals of Virginia, volume 49
Reports of Cases in the Supreme Court of Appeals of Virginia, volume 49
Virginia. Supreme Court of Appeals, Benjamin Watkins Leigh, Conway Robinson, Peachy Ridgway Grattan, James Muscoe Matthews, George W. Hansbrough, Martin Parks Burks, Virginia. General Court
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There is proof of a landing; but no proof that it was a private landing. There is an established road ; but no proof that it was only a road to Somerville's landing. Was it condemned only to get to his landing, or for all the purposes for which the public may use a public road? Was it intended for the accommodation of Royster's ferry rather than Ross's ? We know that no ferry is estab- lished except where there is a public road. Royster's ferry has been established for more than a century; and ...has been used and kept 'up, and recognized by Somer- ville himself, as late as 1826. Conceding, then, that as a general proposition, the right to the ferry does not give the right to use the landing or road on the opposite side of the river, is it not too late now, to say that the landing was not con- demned and paid for, for this purpose, as well as others; especially as no question was made on this point until the case came to this Court. Would the Wimbishs be allowed to controvert Somerville's right to use their landing through which the public road runs?
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