Stephen Johnson Field

“ The contention of the defendant is that by the acquisition of the ferry and its privileges, and the authority to construct its bridge, it has the exclusive right to transport passengers, animals, and vehicles over the Ohio river at all points within a half a mile of the bridge. The ferry which it purchased-the one connecting the mainland with Wheeling island-was licensed at an early day, and no exclusive privileges, such as are claimed now, were then attached to the franchise. ”

“ The judgment for the condemnation was conclusive upon both particulars. A right to condemn, as held by the supreme court of the state, is to be determined before the appointment of commissioners to estimate the amount of compensation to be made. ”