The Mayor, Aldermen and Commonalty of the City of New York, Appellant and Respondent v. John H. Starin…

Summary

The Court affirmed the judgment of the General Term, holding that the City of New York owns the exclusive ferry franchises between the city and Staten Island and may enjoin any unauthorized ferry operation. The injunction, however, was limited to restraining the operation of a ferry and could not bar the defendant's common‑carrier freight activities. The Court also clarified that exclusive sovereign grants of franchises are not strictly construed when consideration exists and the charter commands a benign construction.