110 Mo. 572 | Mo. | 1892
This is an action for damages against the defendants for intruding upon the line of an exclusive ferry franchise claimed to have been granted to plaintiff, Richard Carroll, by the city of Cape Girardeau, by ordinance.number 411 of said city; and is the same franchise passed upon in Carroll v. Campbell, 108 Mo. 550, and in same v. same, ante, p. 557. The issues in the latter case and in the one in hand are precisely the same, except that in the former the damage claimed was for an intrusion between the twentieth of December, 1885, and the seventeenth of May, 1886, and the present is for an intrusion' between the eighteenth day of October, 1886, and the third day of May, 1887. The same legal questions are raised in this, as in the former case, and are there disposed of. In this opinion it will only be necessary to notice one additional point arising from the difference in the time charged for.
To sustain the issue upon the part of plaintiffs, two licenses to Richard Carroll were introduced, issued
For these errors the judgment will be reversed and the cause remanded for new trial.