47 Ga. 282 | Ga. | 1872
The solution which occurs to us, is the distinction between a private and a public ferry. A man may have a flat on a stream, and may use it to carry over his own people, wagons, etc., and he may occasionally take over a neighbor and take pay for it, yet it is not, necessarily, a public ferry, because he does not make it a constant, regular business. There is the same distinction between a carrier and a common carrier, between one Avho may, on occasions, hire out his horse, and a livery man, or one who may, at times, take pay for a meal or bed from a traveler, and an inn-keeper. Perhaps this, then, is the true meaning of these statutes, taken together. A public ferry is open to all. Regular fare is established. The ferryman is a common carrier. He is bound to take over all Avho eome, and he is bound to keep up, and in good order, his ferry, and he is held to strict liability. Such a right exists, not as appurtenant to his land, but is a franchise which needs the grant of the proper public authority. A private ferry is mainly for the use of the owner, and though he may take pay for ferriage, he does not folloAV it as a business. His ferry is not open to the public, at its demand. He may, or may not, keep it going, etc. We admit that these Avords in section 724 and the adjoining sections are difficult to reconcile with this distinction, but, in the main, AAre think this distinction will harmonize the provisions of the Code, taken altogether.
Judgment affirmed.