Detroit Mineral Bath Co. v. Stroh Brewery Co.
Michigan Supreme Court
Appeal from Wayne; Donovan, J. Bill by the Detroit Mineral Bath Company against the Stroh Brewery Company to enjoin the closing of an alley. From a decree for complainant, defendant appeals.
1Opinion of the CourtHooker, J.
Complainant and defendant own adjoining city lots. The former claims rights of passage over the rear ten feet in width upon two grounds:
1. That it was a public way by dedication and user.
2. That complainant had a private right of way over it, by deed and by user.
The defendant denies both of these claims, and also asserts that the bill should be dismissed for the reason that complainant forcibly interfered with defendant’s exclusive possession for the purpose of obtaining an injunc*556tion to protect complainant in the advantages obtained thereby, citing De Sale v. Millard, 108 Mich. 581.
The…
2Cases cited10 opinions
- Lawton v. . SteeleNew York Court of Appeals · 1890
- Lathrop v. ElsnerMichigan Supreme Court · 1892
- Wilmarth v. WoodcockMichigan Supreme Court · 1885
- F. H. Wolf Brick Co. v. LonyoMichigan Supreme Court · 1903
- Wilmarth v. WoodcockMichigan Supreme Court · 1887
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3Cited by2 opinions
- Onen v. HerkimerMichigan Supreme Court · 1912
- City of Elkins v. DonohoeWest Virginia Supreme Court · 1914