204 Ky. 729 | Ky. Ct. App. | 1924
Opinion op the Court by
Reversing.
On October 21,1918, the Lewis county court made an order granting to Charles ITammon a ferry franchise for ten years over the Ohio river from Yanceburg, Kentucky, to Sandy Springs, Ohio. On February 24, 1922, the county court served a notice on Hammond that a complaint had been filed in the court stating grounds and asking that the ferry franchise granted to him be forfeited and annulled, and that hearing of the motion would be had in that court on Monday, March 20, 1922. Upon the hearing of the case in county court it was adjudged that the franchise be forfeited, cancelled and set aside.
It is the settled law that the jurisdiction to forfeit a ferry franchise is special; that the franchise may be only forfeited for the cause set out in the statute and the statute must be 'Strictly pursued. Brown v. Givens, 1 Dana 259. The only provision of the statute authorizing a revocation of the grant of a ferry franchise is in these words:
“If-the grantee shall not, within six months after the grant, put and keep the required boats and hands in use, the court shall, after notice to him, revoke his grant. ” Kentucky Statutes, sec. 1810.
The meaning of the statute is that the grantee shall within six months after the grant put the required boats and hands in use and thereafter keep them in use. The grant in this case contained the following requirement on this subject:
“He is required to keep a gasoline or steam motor boat of sufficient power for the purpose required and shall also keep a ferry flat of sufficient dimensions to accommodate the traveling public in the transportation of wagons, automobiles, and other vehicles, teams and live stock. He shall keep one or more hands employed in operating the ferry boat and in handling smaller craft in the transportation of freight and passengers when safe and proper to do so.”
The grounds for the revocation of the grant filed in the county court are in these words:
“That said Hammond and his assignees, agents and employees operate said ferry in such a negligent and careless manner, and fail to operate the same in a reasonable and convenient-manner for the use of the general traveling public; that persons using said ferry are grehtly inconvenienced, and that frequently said ferry is not operated for several hours at a time. ’ ’
Judgment reversed and cause remanded with directions to sustain the defendant’s demurrer and for further proceedings consistent herewith.