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

Complainant filed his bill to prevent defendant from occupying the land used for its track in Detroit, by adding a second line of rails and narrowing the part of the 1'and not used for the running of cars ; his claim being that he has a right of way over it appurtenant to an adjacent lot.

The lot owned by complainant is lot 54, section 25, of what is known as the Antoine Dequindre farm, in the city of Detroit, and the strip of land over which the right of way is asserted is the same which was in dispute in the case of the City of Detroit v. Detroit & Milwaukee Railroad Co. 23 Mich. 173. In…