1850
Somerville v. Wimbish
Supreme Court of Virginia
48 Va. 205
Pursuant to an act of the legislature, Wimbish sought to establish a ferry across the Roanoke River from the south side to the north. Somerville already had a ferry on tshe north side and objected to the request. A jury determined that it would be a great public convenience to establish the ferry and the county court so ordered. Circuit court affirmed. On appeal, Somerville objected that Wimbush had not set out any public road to where the ferry was to be established. Supreme Court affirmed. If there was no public road to serve the Wimbush landing, he would have to take the legal steps to acquire it, including compensation. There was nothing in the record to show that anything of Somerville’s was being taken.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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