Mansfield, Coldwater & Lake Michigan Railroad v. Clark
Michigan Supreme Court
Appeal from Branch Circuit. This was a petition by the railroad company, against Orsamus B. Clark, to acquire title to certain lands.
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Appeal from Branch Circuit. This was a petition by the railroad company, against Orsamus B. Clark, to acquire title to certain lands. The description of the premises, required to be taken, in said petition, is as follows, viz: “That the following real estate and property in said county is required by your petitioner for the purpose of constructing and operating its said proposed road, to wit: That part of the first three lots lying on the north side of Bailroad street, and next east of Division street, in the city of Cold-water, in said county of Branch, which is within one rod of the center…
1Opinion of the CourtCooley, J.
The difficulty with the description in the petition in this case, is that we are unable to determine from it whether that portion of the land described as being used and occu*523pied as Railroad street was designed to be appropriated as Clark’s property or not. The manner in which it is referred to would rather lead to the inference that it was included in the petition, not because it was Clark’s property, but in order that his damages by reason of his ownership of premises fronting on the street might be assessed. . But if this were the purpose, the petition would be defective in not showing…
2Cases cited3 opinions
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- Peninsular Railway Co. v. HowardMichigan Supreme Court · 1870
- People ex rel. Goldsmith v. Highway CommissionersMichigan Supreme Court · 1866
3Cited by17 opinions
- Risser v. HoytMichigan Supreme Court · 1884
- Berrien Springs Water-Power Co. v. Berrien Circuit JudgeMichigan Supreme Court · 1903
- Bradley v. City of FrankfortIndiana Supreme Court · 1885
- Chicago, Burlington & Quincy Railroad v. ChamberlainIllinois Supreme Court · 1876
- Vallejo & Northern Railroad v. Home Savings BankCalifornia Court of Appeal · 1914
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