Legal Opinion

Detroit, Ft. Wayne & Belle Isle Railway v. Commissioner of Railroads

Michigan Supreme Court

Decided July 2, 1901PublishedCited by 8 opinions

Mandamus by the Detroit, Ft. Wayne & Belle Isle Railway to compel Chase S. Osborn, commissioner of railroads, to vacate an order requiring relator to share the expense of constructing and maintaining safety appliances at a railroad crossing.

1Opinion of the CourtMoore, J.

The following statement of facts is taken from tbe brief of counsel for relator:

“ The petition and answer filed in this cause set out as briefly as practicable the facts in the case. In substance, they are that petitioner owns a line of street railway in Detroit, authority to construct and operate which was granted in 1865. In the following year the railway was built, forming a continuous line west on Fort street to Clark avenue, south on Clark to the River road, and then west again on the River road. At the time tho track was constructed on Clark avenue, there was no railroad, or highway,…

2Cases cited29 opinions

  1. Dent v. West VirginiaSupreme Court of the United States · 1889
  2. Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
  3. New York & New England Railroad v. BristolSupreme Court of the United States · 1894
  4. Minneapolis & St. Louis Railway Co. v. BeckwithSupreme Court of the United States · 1889
  5. Nashville, Chattanooga & St. Louis Railway v. AlabamaSupreme Court of the United States · 1888

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3Cited by8 opinions

  1. Washtenaw County Road Commissioners v. Public Service CommissionMichigan Supreme Court · 1957
  2. City of New Decatur v. ChappellAlabama Court of Appeals · 1911
  3. Jackson & Suburban Traction Co. v. Commissioner of RailroadsMichigan Supreme Court · 1901
  4. City of Detroit v. Detroit United RailwayMichigan Supreme Court · 1912
  5. Pere Marquette Railway Co. v. Michigan Public Utilities CommissionMichigan Supreme Court · 1922

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