The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-04-25

Although exactly that outcome was
expected, the announcement yesterday
that judge PAUL, Of tho circuit court,
had refused the injunction asked for by
tho Wheeling & Belmont Bridge Com
pany to restrain the Wheeling Island
Ferry and. Packet Company from opcr-
atns its ferry from the city to tho
Seventh ward, caused a great deal Of
jubuation among Island people. When,
shortly before noon, tho news OF the
decision was received, the ferry boat
Charleston was decked proiusely with
flags and tho whistle was blown for
some time. There was talk OF a brass
band and fire works last night, but these
did not ma~terialize. The reports TO
that effect, however, drew great crowds
10 the river front.
The order refusing tho Injunction was
not entered OF record yesterday. but
will be to-day. It is supposed OF course
the bridge company will take an ap.
peal, ii there is any ground to take
one on.
The following is Judge Paplls opin.
Ion in the matter, with the order:
Wheeling and belmont Bridge Co.
wheeling l,lAadF stry GpacSe,co, N-A
This is a suit 10 enioin and restrain
the defendant, the Wheeling Island
Ferry and Packet company, from tur-
Their operating its ferry or any ferry be.
tween the shores OF the Wheeling Is.
land and the main shores oil the Ohio
river, and particularly from operating
such Jerry or any ferry, and from car.
rying persons, animals and vehicles on
its boat or boats TO or from the shore or
beach OF the said Island, on the eastern
side thereof, within thirty aud one-half
rods to the north or thirty and one-halt
rods 10 the south OF the centre OF the
west abutment OF the plaintiffs suspen-
sion bridge.
Nrst-Thep plaintiff claims that it owns
the exclusive right to use the shore or
beach OF the Wheeling Island on the
eastern shore thereof. within the limits
above specified for ferry landings; and
that the defendant, without having &C
CURED the right to do SO, is operating
its ferry within those limits
The following are substantially the
facts upon which the plaintiffs claim OF
ownership OF this excl usive right is
based:
On and prior to Septembe, %, 1871,
the entire fee simple estate in the land
now IN controversy was in Daniel Zane,
Daniel c. List, trustee, and Henry
Moore, trustee, who were also the own
ers in common OF q Jerry which ior
many years before that date had been
operated near the poin: where plain
uf's suspension bridge is now located.
BY section - OF an act passed by the
general assembly OF Virginia, on March
Is, 1871, power was conferred upon the
plaintiff ito purchase or acquire aud
hold all necessary rights OF way on OF
across Zane's Island, and other neces-
sary ways, easements, rights, privileges
and estates ior the use, convenience OF
accommodation OF their bridges or
either OF them and all ferry rights OF
privileges between Zane's Island and
the main Virginia shore at the city Of
Wheeling"
In pursuance OF the power thus vest
edin il, the plaintiff or the 20th day o.
September, lS47, acquired By purchase
and conveyance from Daniel Zane,
Daniel c. List, trustee, and Henry
Moore, trustee. the land on which the
west abutuent aforesaid is now located,
and also all the ferries and ferry rights