Legal Opinion

Township of Erin v. Detroit & Erin Plank-Road Co.

Michigan Supreme Court

Decided January 4, 1898PublishedCited by 4 opinions

Appeal from Macomb; Eldredge, J. Bill by the township of Erin and August W. Nummer, highway commissioner of said township, to restrain the Detroit & Erin Plank-Road Company from using unscreened gravel upon its roadbed. Prom a decree for complainants, defendant appeals. Reversed.

1Opinion of the CourtHooker, J.

In 1848 the Detroit & Erin Plank-Road Company was created by a special act of the legislature, which made the general plank-road act passed at the same session a part of its organic law. This act was passed before the adoption of our present Constitution, and provided that the legislature might alter, amend, or repeal said act by a vote of two-thirds of each branch, but that such alteration, amendment, or repeal should not be made within 30 years after the passage of' the act, except under circumstances mentioned, which apparently do not exist in this case. In 1879 an amendment was made to…

2Cases cited6 opinions

  1. The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
  2. Craig v. People ex rel. NevillIllinois Supreme Court · 1868
  3. Town of Burlington v. SchwarzmanSupreme Court of Connecticut · 1884
  4. Smith v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1897
  5. Shackley v. Eastern RailroadMassachusetts Supreme Judicial Court · 1867

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. First Protestant Reformed Church of Grand Rapids v. DeWolfMichigan Supreme Court · 1960
  2. People ex rel. Esper v. Detroit & Saline Plank-Road Co.Michigan Supreme Court · 1900
  3. Emerson v. EmersonBaltimore City Circuit Court · 1912
  4. Washington ex rel. City of Seattle v. Pacific Telephone & Telegraph Co.District Court, W.D. Washington · 1924

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