Legal Opinion

Baudistel v. Michigan Central Railroad

Michigan Supreme Court

Decided July 13, 1897PublishedCited by 10 opinions

Appeal from Jackson; Lane, J., presiding. Bill by William Baudistel and others to restrain the Michigan Central Railroad Company from obstructing a street. From a decree dismissing the bill on demurrer, complainants appeal.

1Opinion of the CourtMontgomery, J.

The common council of the city of Jackson assumed to vacate that portion of Park avenue in said city which crossed the tracks of the defendant. This action was taken under the authority of that portion of Act No. 353, Local Acts 1895, which authorizes the vacation of any street or part of street without application to the court, provided all persons interested in the plat, or a distinct part thereof, shall file with the common council their consent to its vacation. The situation of the property, and the relation of the complainants to the subject-matter, may be seen by reference to the case…

2Cases cited4 opinions

  1. Buhl v. Fort Street Union Depot Co.Michigan Supreme Court · 1894
  2. Horton v. WilliamsMichigan Supreme Court · 1894
  3. Kimball v. HomanMichigan Supreme Court · 1889
  4. Baudistel v. Recorder & Common CouncilMichigan Supreme Court · 1896

3Cited by10 opinions

  1. Tomazewski v. Palmer Bee Co.Michigan Supreme Court · 1923
  2. Thomas v. JultakWyoming Supreme Court · 1951
  3. Puyper v. Pure Oil Co.Mississippi Supreme Court · 1952
  4. Phelps v. Stott Realty Co.Michigan Supreme Court · 1926
  5. Roberts v. City of DetroitMichigan Supreme Court · 1927

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