City of Detroit v. Grand Trunk Railway of Canada
Michigan Supreme Court
Certiorari to the recorder’s court of Detroit; Connolly, J. Petition by the city of Detroit for the separation of grades of Sixteenth street and certain railroads crossing it. . A judgment for defendants dismissing the petition is reviewed by petitioner on writ of certiorari. Sixteenth street, in Detroit, is crossed, formerly at grade, by three railroads. Pursuant to the statute (2 Comp.
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Certiorari to the recorder’s court of Detroit; Connolly, J. Petition by the city of Detroit for the separation of grades of Sixteenth street and certain railroads crossing it. . A judgment for defendants dismissing the petition is reviewed by petitioner on writ of certiorari. Sixteenth street, in Detroit, is crossed, formerly at grade, by three railroads. Pursuant to the statute (2 Comp. Laws, §§ 4229-4261), the city of Detroit entered into an agreement with the railroad companies for a separation of grades, at various points, including one on Sixteenth. street. The common council, by…
1Opinion of the CourtOstrander, J.
(after stating the facts). The act “to provide separate grades for railroads and public highways and streets where railroads intersect such highways and streets,” which became effective August 28,1893. (Act No. 92, Pub. Acts 1893), has a general purpose, which is very plain; but the legislative methods for effecting the purpose are not simple, and some of the provisions of the law are not harmonious. For example, it seems to be wholly incongruous to require that the necessity for the separation of grades according to a plan which embraces such an improvement at several parallel streets should…
2Cases cited15 opinions
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- Phelps v. City of DetroitMichigan Supreme Court · 1899
- Langer v. GoodeNorth Dakota Supreme Court · 1911
- Ranson v. City of Sault Ste. MarieMichigan Supreme Court · 1906
- Killackey v. KillackeyMichigan Supreme Court · 1909
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3Cited by9 opinions
- Thom v. State Highway CommissionerMichigan Supreme Court · 1965
- Case v. City of SaginawMichigan Supreme Court · 1939
- Mead v. Michigan Central RailroadMichigan Supreme Court · 1913
- A. M. Campau Realty Co. v. City of DetroitMichigan Supreme Court · 1934
- Grigg Hanna Lumber & Box Co. v. State Highway CommissionerMichigan Supreme Court · 1940
4 more not listed; retrieve them via the Exa API.