Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1882-03-23

For some time there has been con-
troyersy waging at Martins Ferry, re-
garding the right to establish and run
a. ferry boat across the Ohio, at that
point, other THAI the one which has been
in operation for many years and the
franchises of which belong to Levi In
glebright and another Two or three
years ago the corporate authorities OF
Martins Ferry issued license to one
George Jones to run ferry at a point
above the old ferry. 1t was claimed by
Inglebright that the operation of such
ferry would interfere with his vested
rights. and that another ferry was not
necessary for the accommodation OF the
public. and as result an injunction pro-
ceeding was -resorted to against Jones
and the town of Martins Ferry. During
the present term the cause was tried to
Judge Kelly, aud on Monday decision
was rendered which we publish in
full. Following is the finding of the
Court:
This cause came on to be heard upon
the pleadings and testimony and was
submitted to the Court, and the evidence
and argument of counsel having been
heard, the Court find that plaintiffs have
right and interest in the lands descriG-
ed in. the petition, extending along the
Ohio river from the division line on the
south, known as the line between the
Daniel Zane and EbeneZer Martin lands,
to the line on the north, known as the
| line between lands of said Martin and
George PAUL, for the purpose of making
thereon and keeping up ferry landing
or landings, wharf or wharves, and
road or roads thereto, at such point or
points as they may select and may be
necessary for ferry OF ferries across
the Ohio river; but that beside said in
terest in the land, plaintiffs have no ex--
elusive right to the business and the
profits of ferry or ferries to and from
said lands, and that another ferry or fer
ries may be established, provided it can
be done without interfering with the
interest aforesaid of plaintiffs in said
land: and that the interest of plaintiffs
NAV be forfeited by them by failure on
their part to maintain and keep up such
ferry or ferries and procure license
therefor according to law, as the public
interest and commerce may require. The
Court further find that plaintiffs have
continued and@continue to the present
time to maintain and keep up. under
| license therefor, a sufficient ferry and
that no other ferry was at the time IL
cense was issued to the defendant Jones,
required or needed for tue public con-
venience, and that the ferry which said
defendant threatened to establish under
said license, would interfere with the
interests of plaintiffs in said land.
4 1t is therefore ordered and adjudged
. that defendant Jones be and is hereby
perpetually enJoined from establishing
and carrying on ferry to or from said
lands under the license or licenses here
tofore issued to him; and it is further
ordered that defendant, the village Of
F Martins Ferry, be and it is hereby en-
i Joined until further order, from estab
fishing or granting license for ferry t
! or from said land, while plaintiffs rigE
therein continues, without the consen
of plaintiffs. 1t is further ordered tina
defendants pay the costs of this action
= which are here adjudged against them.