Bracht v. Johnson
| Decision Date | 15 February 1915 |
| Docket Number | No. 11341.,11341. |
| Citation | 187 Mo.App. 220,173 S.W. 692 |
| Parties | BRACHT v. JOHNSON et al. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Gasconade County; R. A. Breuer, Judge.
Action by C. H. Bracht against Frank Johnson and another, begun in justice court, and appealed to circuit court. From a judgment there for defendants, plaintiff appeals. Affirmed.
J. H. Schaper, of Washington, Mo., and Robert Walker, of Hermann, for appellant. August Meyer, of Hermann, and J. W. Hensley, of Owensville, for respondents.
This action was begun before a justice of the peace by filing the following written statement:
Frank Johnson and Christ Johnson to C. H. Bracht, Dr.
For use and occupation of real estate of
said C. H. Bracht for anchorage of
cables and ferryboat on the west side
of the Gasconade river, at Fredericksburg
in Gasconade county, Missouri
in operating ferry boat over and across
said river at said place for ten years
from May 26, 1903, to May 26, 1913
said use and occupation having been
with the consent of said C. H. Bracht
and for the benefit and profit of said
Frank Johnson and Christ Johnson
and being of the reasonable value of
two hundred dollars................. $200 00
Plaintiff had judgment before the justice, and defendants appealed. At the close of the evidence for plaintiff the circuit court directed a verdict for defendants, and plaintiff has brought the case here.
It seems that the land was on the bank of the Gasconade river, and was owned by the "A. O. U. W.," and that lodge sold it to plaintiff. Before plaintiff's purchase defendant Frank Johnson obtained a license for a ferry and operated the ferryboat by means of an overhead wire or cable which he fastened to the "fork of a tree" on the bluff standing nearly 45 feet above the river at its usual stage. He tied the cable to the tree with the permission of the "A. O. U. W.," and that was the situation when plaintiff bought. Defendant Frank operated the ferry until his five-year license expired, in February, 1906. Then defendant Christ obtained a license and operated it until February, 1912. Then defendant Frank again obtained a license, and was operating it in May, 1913, when this action was begun. During all these years, at least up to about the time the suit was brought, no objection was made to this "anchorage," nothing was said about a contract, nor was there ever any mention of compensation. Undoubtedly there was a mere...
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