Legal Opinion

Commissioners of Parks & Boulevards v. Chicago, Detroit & Canada Grand Trunk Junction Railroad

Michigan Supreme Court

Decided April 8, 1892PublishedCited by 13 opinions

Appeal from recorder’s court of Detroit. (Chambers, J.) Proceedings to condemn a right of way for boulevard purposes across the property of respondents. Respondents appeal. The facts are stated in the opinion.

1Opinion of the CourtGrant, J.

Proceedings to condemn the right of way for the boulevard across the defendants’ tracks. These cases are practically ruled by Commissioners of Parks, etc., v. Railroad Co., 90 Mich. 385.

The rule of damages in these cases is declared by this Court to be that a railroad company may recover—

“ For injury to its track, right of way, and franchise, occasioned by the crossing, and which may be properly considered as the natural, necessary, and approximate cause thereof.” In re First Street, 66 Mich. 55, and authorities there cited.

There is not one rule for railroad companies and another for private…

2Cases cited3 opinions

  1. Grand Rapids v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1887
  2. Commissioners of Parks & Boulevards v. Michigan Central RailroadMichigan Supreme Court · 1892
  3. Riedinger v. Marquette & Western RailroadMichigan Supreme Court · 1886

3Cited by13 opinions

  1. Department of Transportation v. TomkinsMichigan Supreme Court · 2008
  2. Boyne City, Gaylord & Alpena Railroad v. AndersonMichigan Supreme Court · 1906
  3. City of Detroit v. C. H. Little Co.Michigan Supreme Court · 1906
  4. City of Grand Rapids v. BennettMichigan Supreme Court · 1895
  5. Detroit, Ft. Wayne & Belle Isle Railway v. Commissioner of RailroadsMichigan Supreme Court · 1901

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