Chicago & Grand Trunk Railway Co. v. Chappell
Michigan Supreme Court
Certiorari to Eaton; Smith, J. Certiorari by the Chicago & Grand Trunk Railway Company to review an order of Charles E. Chappell, drain commissioner of Eaton county, requiring it to lower a culvert. From a judgment sustaining the action of the commissioner, plaintiff brings certiorari.
1Opinion of the CourtMontgomery, C. J.
In 1893 proceedings- were instituted to deepen, widen, and straighten the Harris drain, so called. The drain crosses the right of way of the plaintiff in certiorari, and plaintiff was ordered to lower the iron culvert now extending through its roadbed two feet, at an estimated cost of $111. The sole question presented is whether the company can be required to do this without compensation. The statute under which the order *73was made is section 4334, 2 Comp. Laws 1897, and reads as follows:
‘ ‘ Whenever it is necessary to run a drain across the right of way or roadbed of any railroad, the same…
2Cases cited8 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Chicago & Grand Trunk Railway Co. v. HoughMichigan Supreme Court · 1886
- Commissioners of Parks & Boulevards v. Michigan Central RailroadMichigan Supreme Court · 1892
- People v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1883
- Commissioners of Parks & Boulevards v. Chicago, Detroit & Canada Grand Trunk Junction RailroadMichigan Supreme Court · 1892
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3Cited by1 opinion
- Pere Marquette Railroad v. WeilnauMichigan Supreme Court · 1909