Detroit, Bay City & Western Railroad v. First National Bank
Michigan Supreme Court
Appeal from Sanilac Probate Court; Pearson, J. Condemnation proceedings by the Detroit, Bay City & Western Railroad Company against the First National Bank of Yale and others to acquire a right of way. From an order confirming the award of the jury, defendants appeal. These proceedings were instituted in the probate court of Sanilac county under chapter 107, 3 How. Stat. (2d Ed.) § 6596 to and including § 6601 (2 Comp.
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Appeal from Sanilac Probate Court; Pearson, J. Condemnation proceedings by the Detroit, Bay City & Western Railroad Company against the First National Bank of Yale and others to acquire a right of way. From an order confirming the award of the jury, defendants appeal. These proceedings were instituted in the probate court of Sanilac county under chapter 107, 3 How. Stat. (2d Ed.) § 6596 to and including § 6601 (2 Comp. Laws 1915, §§ 8252-8257), for the purpose of acquiring a right of way for the petitioner, which right of way crossed or intersected the'lands of the respondents. Prior to…
1DissentFellows, J.
I am unable to agree with the Chief Justice in the disposition to be made of this case. I understand the rule to be that this court will not ordinarily set the award in condemnation proceedings aside because of the introduction of improper evidence (Detroit, etc., R. Co. v. Campbell, 140 Mich. 384 [103 N. W. 856], and cases there cited); but where-we are clearly satisfied that improper and preju*666dicial testimony was received and acted upon by the jury, and the award made was the result of such improper and prejudicial testimony, or the result reached by the jury was clearly brought about by…
2Cases cited4 opinions
- Grand Rapids, Lansing & Detroit Railroad v. ChesebroMichigan Supreme Court · 1889
- Detroit & Toledo Shore Line Railroad v. CampbellMichigan Supreme Court · 1905
- Grand Rapids & Indiana Railroad v. WeidenMichigan Supreme Court · 1888
- Long v. KaiserMichigan Supreme Court · 1890