Legal Opinion

Saginaw, Tuscola & Huron Railroad v. Bordner

Michigan Supreme Court

Decided January 28, 1896PublishedCited by 7 opinions

Appeal from the probate court of Huron county; John Lange, Judge. Condemnation proceedings by the Saginaw, Tuscola & Huron Railroad Company against David R. Bordner and Henry H. Bordner. Respondents appeal.

1Opinion of the CourtHooker, J.

The petitioner, a railroad company, built its railroad across section 13 in the township of Colfax, Huron county, about 1886, most of the deeds of right of way being procured in 1885. At that time, David R. Bordner owned the N. £ of the S. W. of section 13; also a strip of land one rod wide off the west side of the S. E. i of the S. W. ^ aforesaid. Bordner claims that a highway existed on the line between sections 13 and 24; but, if there is any evidence of such existence, it is a bare scintilla. Certainly, there has been none there since, for petitioner’s railroad and right of way are upon…

2Cases cited2 opinions

  1. Toledo, Ann Arbor & Grand Trunk Railway Co. v. DunlapMichigan Supreme Court · 1882
  2. Port Huron & South-Western Railway Co. v. VoorheisMichigan Supreme Court · 1883

3Cited by7 opinions

  1. United States Gypsum Co. v. Kent Circuit JudgeMichigan Supreme Court · 1908
  2. City of Detroit v. Fidelity Realty Co.Michigan Supreme Court · 1921
  3. Greasy Creek Min'l Co. v. Ely Jellico Coal Co.Court of Appeals of Kentucky · 1909
  4. Chicago, Detroit & Canada Grand Trunk Junction Railroad v. JacobsMichigan Supreme Court · 1924
  5. Detroit & Toledo Shore Line Railroad v. HallMichigan Supreme Court · 1903

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