Horner v. City of Eaton Rapids
Michigan Supreme Court
Appeal from Eaton; Smith, J. Bill by Charles S. Horner and Edward E. Horner to restrain the city of Eaton Rapids from removing from the streets complainants’ electric-light poles and fixtures. From a decree for complainants, defendant appeals. Reversed. Complainants, in 1888, owned a water-power in the' defendant city, with which they operated a woolen mill.
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Appeal from Eaton; Smith, J. Bill by Charles S. Horner and Edward E. Horner to restrain the city of Eaton Rapids from removing from the streets complainants’ electric-light poles and fixtures. From a decree for complainants, defendant appeals. Reversed. Complainants, in 1888, owned a water-power in the' defendant city, with which they operated a woolen mill. The population of the city was about 2,000. The records-of the common council for April 24, 1888, show the following : “Petition of Horner Brothers, asking permission to set poles and string wires in public streets and alleys, was…
1Opinion of the CourtGrant, C. J.
(after stating the facts). Did the petition, the permission granted by the council, the erection of the poles, the lighting of the city under the several contracts for nearly 11 years, and the use made of them to furnish light to a few private business houses, create a permanent contract between complainants and the city, and give them a perpetual, vested right in the streets? This is the sole question presented. If answered in the affirmative, easements in our public highways can be created in a very loose manner, and rest upon very slight foundations. Complainants had acquired no franchise…
2Cases cited6 opinions
- Chicago Municipal Gas Light & Fuel Co. v. Town of LakeIllinois Supreme Court · 1889
- Putnam v. City of Grand RapidsMichigan Supreme Court · 1885
- Stevens v. City of MuskegonMichigan Supreme Court · 1896
- City of Detroit v. Detroit City Railway Co.Michigan Supreme Court · 1889
- Detroit Citizens' Street Railway Co. v. City of DetroitMichigan Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- City of Detroit v. Detroit United RailwayMichigan Supreme Court · 1912
- Chestonia Township v. Star TownshipMichigan Court of Appeals · 2005
- McCormick v. WeaverMichigan Supreme Court · 1906
- Traverse City Gas Co. v. Mayor of Traverse CityMichigan Supreme Court · 1902
- City of Eaton Rapids v. HornerMichigan Supreme Court · 1901