Ferries—Public Highway.—Although a ferry has been called a part of a highway, it is not in a strict technical sense under our law a highway, but only in the limited sense that when the term is used to designate the place where the liberty to operate a boat upon a river for the transportation for a reasonable toll of men, horses, and carriages is exercised, it is a public highway in so far as it is a continuation of the highway with which it connects.

Id.—Abandonment op Franchise—Free Public Highway not Created.—Where the owner of a franchise from a county board of supervisors for a ferry across a river from a city street on one bank to a county road on the opposite bank sold his franchise and equipment to another, and formally abandoned and relinquished his franchise, by a written instrument addressed to the board, which, in a single order, accepted the abandonment and granted a new franchise to the purchaser, the ferry did not by that abandonment become a “free public highway.”

Id.—Grant of New Franchise—Power of Supervisors.—In such case the board of supervisors had power to grant a new franchise without making a preliminary finding that the cost of maintaining a free ferry was too great to assume.

Id.—Franchise Transferable.—A ferry franchise is transferable.

Id.—Collateral Attack.—When a ferry franchise has been granted by competent authority, such as the board of supervisors of a county, collateral attack upon it upon such grounds as failure to advertise the franchise for sale and other similar objections will not be considered by a court.

Id.—One Terminus of Ferry in a City—Pule as to Collateral Attack Unchanged.—The rule that a ferry franchise granted by competent authority is not subject to such collateral attack is not changed by the fact that one terminus of the ferry is in a city. Id.—Destroying Value of Franchise—Construction of Free Bridge —Municipal Corporation—'Liability for Damages.-—Although a ferry franchise has one terminus at the end of a street in a city and the other terminus in another part of the county, and the city had jurisdiction and power t'o build the part of a bridge within its territory as a declared public necessity, the city, if the ferry franchise is made valueless by the finished bridge, may not escape liability for the damage sustained by the owner of the franchise, the municipal corporation being in the same position which a private individual would occupy, if without warrant of law he had constructed the bridge and injured the property of the owner of the franchise.

Bridges—Erection by Public Corporation—Discretionary Power.— A public corporation exercises discretionary power in deciding to erect a bridge, and that discretion may not be imposed upon an adjoining county or municipality.