Legal Opinion

Detroit, Grand Haven & Milwaukee Railway Co. v. Howland

Michigan Supreme Court

Decided March 29, 1929No. Docket No. 21, Calendar No. 33,964PublishedCited by 8 opinions

1Opinion of the CourtFellows, J.

Prior to and in 1843, plaintiff’s predecessor was operating a railroad in Oakland county. On August 24, 1843, Harvey Parke and his wife conveyed to such predecessor a strip of land 70 feet-wide in Pontiac township. It is established, at least prima facie, and is not disputed, that the track was in the center of this right of way, and that the strip extended 35 feet each way from such center. It is also established that the location of the present track is the same as originally located. In 1913 plaintiff desired to widen its right of way 20 feet, and on February 24th of that year for a…

2Cases cited5 opinions

  1. Dart v. BarbourMichigan Supreme Court · 1875
  2. Wilson v. HoffmanMichigan Supreme Court · 1888
  3. Nichols v. New England Furniture Co.Michigan Supreme Court · 1894
  4. Heffelman v. Otsego Water-power Co.Michigan Supreme Court · 1889
  5. Rix v. SmithMichigan Supreme Court · 1906

3Cited by8 opinions

  1. Snyder v. PetersonCourt of Appeals of Washington · 1991
  2. Meinhardt v. WhiteSupreme Court of Missouri · 1937
  3. Heron v. RamseyNew Mexico Supreme Court · 1941
  4. Maxwell v. MaxwellWashington Supreme Court · 1942
  5. Walters v. TuckerSupreme Court of Missouri · 1955

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