Wallace v. Ann Arbor & Ypsilanti Electric Railway Co.
Michigan Supreme Court
Appeal from Washtenaw; Kinne, J. Bill by Sarah L. Wallace' against the Ann Arbor & Ypsilanti Electric Railway Company to enforce an agree ment for passes over defendant’s road. From a decree for complainant, defendant appeals. Complainant owns a farm situated on the highway between Ann Arbor and Ypsilanti. At the time that the Ann Arbor & ¡Ypsilanti Street-Railway Company constructed its roadbed along this highway, she was not living there.
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Appeal from Washtenaw; Kinne, J. Bill by Sarah L. Wallace' against the Ann Arbor & Ypsilanti Electric Railway Company to enforce an agree ment for passes over defendant’s road. From a decree for complainant, defendant appeals. Complainant owns a farm situated on the highway between Ann Arbor and Ypsilanti. At the time that the Ann Arbor & ¡Ypsilanti Street-Railway Company constructed its roadbed along this highway, she was not living there. Soon after its construction she found, on returning to the place, that the roadbed encroached upon her land, or at least she claimed that it did. She…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. Counsel cites several authorities to the effect that such an agreement does not run with the land, and is not binding upon the purchaser of the rights, franchises, etc., of the old company, in the absence of a statute or contract making *590such purchaser liable. That is undoubtedly the rule. Dickey v. Railway Co., 122 Mo. 223; Martin v. Railroad Co., 36 N. J. Eq. 109; Helton v. Railway Co., 25 Mo. App. 322; Hoard v. Railway, 123 U. S. 222; Eddy v. Hinnant, 82 Tex. 354. Did the defendant assume this liability ? The record is very meager and unsatisfactory upon this…
2Cases cited5 opinions
- Hoard v. Chesapeake & Ohio RailwaySupreme Court of the United States · 1887
- Eddy and Cross, Receivers v. HinnantTexas Supreme Court · 1891
- Cook v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1874
- Dickey v. Kansas City & Independence Rapid Transit Railway Co.Supreme Court of Missouri · 1894
- Helton v. St. Louis, Keokuk & Northwestern Railway Co.Missouri Court of Appeals · 1887
3Cited by3 opinions
- Hawkins v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903
- Greer v. PopeSupreme Court of Georgia · 1913
- White v. Atlanta, Birmingham & Atlantic RailroadCourt of Appeals of Georgia · 1908