Michigan Central Railroad v. Wayne Circuit Judge
Michigan Supreme Court
Mandamus by the Michigan Central Railroad Company and others to compel Alfred J. Murphy, circuit judge of Wayne county, to vacate an order denying a temporary injunction.
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Mandamus by the Michigan Central Railroad Company and others to compel Alfred J. Murphy, circuit judge of Wayne county, to vacate an order denying a temporary injunction. In 1907 the legislature passed an act entitled: “An act to regulate railroads and the transportation of persons and property in this State, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure adequate service, create the Michigan Railroad Commission, define the powers and duties thereof, and to prescribe penalties for violations hereof.” Act No. 312, Pub. Acts 1907. The following sections of…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. Are the relators, as a matter of law, entitled to a preliminary injunction ? 2. If they are not, did the circuit judge abuse *469the discretion, which the law places in him, in denying a preliminary injunction pending the hearing ? These are the questions which we understand are now presented to this court. The second question is very readily answered in the negative. The relators conceded upon the hearing in the court below and in this court that the rates fixed by the commission are not confiscatory, but afford some remuneration over and above the expenses. They…
2Cases cited5 opinions
- Tilley v. Savannah, Florida & Western R. Co.U.S. Circuit Court for the Southern District of Georgia · 1881
- In re RatesU.S. Circuit Court for the District of Eastern Arkansas · 1908
- Capital City Gaslight Co. v. City of Des MoinesU.S. Circuit Court for the Southern District of Iowa · 1896
- Chicago, B. & Q. R. v. DeyU.S. Circuit Court for the Southern District of Iowa · 1889
- People v. Detroit Citizens' Street-Railway Co.Michigan Supreme Court · 1898
3Cited by10 opinions
- Michigan Consolidated Gas Co. v. Public Service CommissionMichigan Supreme Court · 1973
- City of Detroit v. Michigan Railroad CommissionMichigan Supreme Court · 1920
- Michigan Central Railroad v. Michigan Railroad CommissionMichigan Supreme Court · 1910
- Detroit & Mackinac Railway Co. v. Michigan Railroad CommissionMichigan Supreme Court · 1912
- Detroit Edison Co. v. Public Service CommissionMichigan Court of Appeals · 1978
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