People ex rel. Chope v. Detroit & Howell Plank Road Co.
Michigan Supreme Court
Appeal from Superior Court of Detroit. Injunction. The facts are shown in the opinion. The proceeding was by bill in equity in the nature of an information, filed by the prosecuting attorney of the county in which it was instituted, and also signed by the Attorney ■General.
1Opinion of the CourtGraves, J.
This is a suit in equity in the name of the State to enjoin the setting up a new toll gate structure in place of a former one removed by the company.
The complaint is, that if made, the intended erection will be a public nuisance. After answer and proofs the court below dismissed the cause, and from this decree an appeal was taken.
Some questions have been mooted which require no discussion at this time. The case is governed Joy former decisions. Detroit v. Detroit & Erin Plank Road Co., 12 Mich., 333; Att’y Gen’l on rel. of McKay v. Detroit § Erin P. R. Co., 2 Mich., 138; Detroit & Howell…
2Cases cited7 opinions
- Hentz v. Long Island RailroadNew York Supreme Court · 1852
- Trustees of the First Baptist Church v. Utica & Schenectady RailroadNew York Supreme Court · 1848
- Attorney General ex rel. McKay v. Detroit & Erin Plank Road Co.Michigan Supreme Court · 1851
- Barber v. RorabeckMichigan Supreme Court · 1877
- People v. DenslowNew York Supreme Court · 1803
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3Cited by10 opinions
- Daniell v. SherrillSupreme Court of Florida · 1950
- United States v. StinsonCourt of Appeals for the Seventh Circuit · 1903
- Adair v. Metropolitan Building CoMichigan Court of Appeals · 1972
- Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. Douglas CountyWisconsin Supreme Court · 1908
- Michigan v. Jackson, L. & S. R.Court of Appeals for the Sixth Circuit · 1895
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