Sioux City Seed & Nursery Co. v. Detroit & Mackinac Ry. Co.
Michigan Supreme Court
Error to Alpena; Emerick, J. Case by Sioux City Seed & Nursery Company against the Detroit & Mackinac Railway Company for damages for the closing of certain streets in the city of Alpena. Judgment for the plaintiff for nominal damages. Plaintiff brings error.
1Opinion of the CourtBrooke, C. J.
The facts involved in this case will be found fully set forth in the case of Detroit & Mack*182inac Railway Co. v. Sioux City Seed & Nursery Co., reported in 168 Mich. 668 (134 N. W. 1103). In that case the defendant in the case at bar was complainant and the plaintiff herein was defendant. We there held that the defendant therein (plaintiff herein) was not entitled to restrain the railroad company from taking possession of and occupying and building upon the vacated streets, but remitted defendant there to its remedy at law. The present action is a suit at law brought by the seed company, as…
2Cases cited2 opinions
- Buhl v. Fort Street Union Depot Co.Michigan Supreme Court · 1894
- Detroit & Mackinac Railway Co. v. Sioux City Seed & Nursery Co.Michigan Supreme Court · 1912
3Cited by2 opinions
- Board of Education v. GillelandMichigan Supreme Court · 1916
- Clayton & Lambert Mfg. Co. v. City of DetroitDistrict Court, E.D. Michigan · 1929