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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Tarbet v Bogle. [1731] Mor 4167 (22 December 1731)
URL: http://www.bailii.org/scot/cases/ScotCS/1731/Mor1004167-001.html
Cite as: [1731] Mor 4167

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[1731] Mor 4167      
Subject_1 FERRY-BOAT.

Tarbet
 v.
Bogle

 Date: 22 December 1731
Case No. No 1.

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Where a party has right to a ferry-boat, established by grant or prescription, it is not in the power of others who may have a right of fishing upon the same part of the water, to interfere with the proprietor of the ferry-boat, by carrying over passengers for hire. Upon this footing the Lords found, That the other heritors might transport themselves and families, or others gratuitously, in their coble-boats, but not for hire. And in this, ferry-boats are upon the same footing with fairs; both of them imply an exclusive privilege, otherwise they could not be kept up. See Appendix.

 Fol. Dic. v. 1. p. 295.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1731/Mor1004167-001.html