Miller v. Detroit, Ypsilanti & Ann Arbor Railway
Michigan Supreme Court
Error to Washtenaw; Kinne, J. Trespass quare clausum fregit by Fanny B. Miller against the Detroit, Ypsilanti & Ann Arbor Railway. From a judgment for plaintiff, defendant brings error; Plaintiff recovered a judgment in the court below of 1275 for the destruction of 11 shade trees in front of her property, dug up and removed by the defendant in the construction of its railway. Plaintiff’s land is situated in the township of Ypsilanti.
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Error to Washtenaw; Kinne, J. Trespass quare clausum fregit by Fanny B. Miller against the Detroit, Ypsilanti & Ann Arbor Railway. From a judgment for plaintiff, defendant brings error; Plaintiff recovered a judgment in the court below of 1275 for the destruction of 11 shade trees in front of her property, dug up and removed by the defendant in the construction of its railway. Plaintiff’s land is situated in the township of Ypsilanti. The proper township authorities granted a franchise to the defendant’s assignors for the construction of the railway, and fixed its location 20 feet from the…
1DissentHooker, J.
If it be conceded that the abutting owner has a qualified property in shade trees in the highway adjoining his premises, as he has in the grass, by reason of his ownership of the fee, it is held, like the grass, subject to the right of the public, through its officers, to make such use of the highway as the public interests may require, though the grass or the trees should thereby suffer injury or destruction.
The'origin of the idea tha the owner is entitled to notice of removal is in the statute, chapter 28 of the Revised Statutes of 1846 (see 1 Comp. Laws 1871, § 1317), which chapter was…
2Cases cited9 opinions
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Chase v. City of OshkoshWisconsin Supreme Court · 1892
- Tate v. City of GreensboroSupreme Court of North Carolina · 1894
- Livingston v. Wolf, Pennsylvania Court of Common Pleas, Cumberland County1890
- Theobold v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1889
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