Grand Rapids, Newaygo & Lake Shore Railroad v. Grand Rapids & Indiana Railroad
Michigan Supreme Court
Appeal in Chancery from Kent Circuit. The complainant, the Grand Rapids, Newaygo & Lake *Shore Railroad Company, was organized in September, 1869, under the general railroad act, to build a road from Grand Rapids to Newaygo, and to some point beyond in Oceana or Mason county, and built its road in and near Grand Rapids in 1871 and 1872. The defendant, the Grand Rapids & Indiana Railroad Company, was organized under the same law, but some years prior to the organization of…
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Appeal in Chancery from Kent Circuit. The complainant, the Grand Rapids, Newaygo & Lake *Shore Railroad Company, was organized in September, 1869, under the general railroad act, to build a road from Grand Rapids to Newaygo, and to some point beyond in Oceana or Mason county, and built its road in and near Grand Rapids in 1871 and 1872. The defendant, the Grand Rapids & Indiana Railroad Company, was organized under the same law, but some years prior to the organization of the complainant, to build a road from Fort Wayne, Indiana, to some point on Little Traverse Bay, running through Grand…
1Opinion of the Court
Marston, J.:
This case was heard upon pleadings and proofs and a decree rendered perpetually enjoining defendant from entering upon complainant’s property for the purpose of constructing a branch or spur track “without the consent of the complainant first had and obtained, or, without first obtaining a condemnation therefor, for the public use, and making compensation therefor, agreeable to the provisions of law.” From this decree defendant, conceiving itself aggrieved, appealed.
*254The defendant only having appealed, and having, in the argument submitted, claimed a right to take the land as being…
2Cases cited7 opinions
- People ex rel. Detroit & Howell Railroad v. Township BoardMichigan Supreme Court · 1870
- The West River Bridge Company v. DIXSupreme Court of the United States · 1848
- Richmond, Fredericksburg & Potomac Railroad v. Louisa RailroadSupreme Court of the United States · 1852
- Enfield Toll Bridge Co. v. Hartford & New-Haven Rail-RoadSupreme Court of Connecticut · 1845
- Newcastle & Richmond Railroad v. Peru & Indianapolis RailroadIndiana Supreme Court · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Lake Shore & Michigan Southern Railway Co. v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1881
- Toledo, Ann Arbor & North Michigan Railway Co. v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1886
- Seattle & Montana Railroad v. Bellingham Bay & Eastern RailroadWashington Supreme Court · 1902
- Pennsylvania Railroad v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1883
8 more not listed; retrieve them via the Exa API.