Almy v. Harris

5 Johns. 175 (1809)

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Almy v. Harris

New York Supreme Court
5 Johns. 175 (1809)

JC

Facts

The New York state legislature prohibited anyone from keeping or using a ferry unless used in the manner directed by the state, with a penalty of five dollars for violations of the statute. Harris (defendant) was granted the right to use a ferry across Cayuga Lake by the counties of Cayuga and Seneca. Soon after that, Harris sued Almy (plaintiff) for disturbing Harris’s exclusive right by using Almy’s ferry in the areas in question. At the trial court level, judgment was given in favor of Harris for damages above and beyond the penalty imposed by the statute. Almy then appealed the ruling. Among the major issues on appeal was whether Harris could be awarded further damages when the statute noted only the five-dollar penalty.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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