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ARKANSAS STATE HIGHWAY COMMISSION v. MABRY

No. 5-1655.

315 S.W.2d 900 (1958)

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. Billy S. MABRY, Appellee.

Supreme Court of Arkansas.

Dissenting Opinion July 1, 1958.

Rehearing Denied September 29, 1958.

Attorney(s) appearing for the Case

Neill Bohlinger, W. R. Thrasher and Dowell Anders, Little Rock, for appellant.

Rolland A. Bradley and Francis T. Donovan, Conway, Wood & Smith, Little Rock, for appellee.

HOLT, Justice.

Appellee, Mabry, a resident of Faulkner County and a user of the ferry in question, on December 2, 1957, filed his petition alleging "Petitioner lives in a portion of Faulkner County near the Arkansas River and near State Highway 60. The river crossing at this point is by ferry known as Toad Suck Ferry presently being operated by a private contractor charging toll. Petitioner frequently uses such ferry and under existing circumstances pays toll therefor...

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