Bagley v. People
Michigan Supreme Court
Certiorari to Recorder’s Court of Detroit. Complaint for encumbering alley. Respondent was convicted. The reasonable and proper .use of a way depends largely upon the local situation and upon public usage, Clark v. Ice Company 24 Mich. 512; O’Linda v.- Lothrop 21 Pick. 292;-Gahagan v. B. d L. B. B. 1 Allen 187; Chamberlain v. Enfield 43 N. H. 356; Barling v. West 29 Wis. 308; Mathews v. Kelsey 58 Me. 56; Com. v. Passmore 1 S. & R. 217. What constitutes an obstruction of a.…
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Certiorari to Recorder’s Court of Detroit. Complaint for encumbering alley. Respondent was convicted. The reasonable and proper .use of a way depends largely upon the local situation and upon public usage, Clark v. Ice Company 24 Mich. 512; O’Linda v.- Lothrop 21 Pick. 292;-Gahagan v. B. d L. B. B. 1 Allen 187; Chamberlain v. Enfield 43 N. H. 356; Barling v. West 29 Wis. 308; Mathews v. Kelsey 58 Me. 56; Com. v. Passmore 1 S. & R. 217. What constitutes an obstruction of a. way is a question of fact, Beecher v. People 38 Mich. 289.
1Opinion of the CourtMarston, C. J.
An alley can in no proper or legal sense be considered as a public highway, or be governed by rules relating thereto. While the city may have and undoubtedly has, certain limited rights therein for municipal purposes, yet the public have no general right of way over or through the same. It is designed more especially for the use and accommodation of the owners of property abutting thereon, and to give the public the same un*356.qualified rights therein that they have in and to the use «of the ’ public streets would defeat the very end and object intended. Paul v. Detroit 82 Mich. 110.
Any…
2Cited by15 opinions
- Athey v. Tennessee Coal, Iron & Railway Co.Supreme Court of Alabama · 1915
- Cahill v. LaytonWisconsin Supreme Court · 1883
- Thomas v. JultakWyoming Supreme Court · 1951
- City of Tallassee v. HarrisSupreme Court of Alabama · 1983
- Cleveland-Cliffs Iron Co. v. Chicago & North Western Transportation Co.District Court, W.D. Michigan · 1984
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