City of Kalamazoo v. Michigan Traction Co.
Michigan Supreme Court
Certiorari to Kalamazoo; Adams, J. Mandamus by the city of Kalamazoo to compel the Michigan Traction Company to relay its track in accordance with the requirements of an amended ordinance. From an order granting the writ, respondent brings certiorari.
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Certiorari to Kalamazoo; Adams, J. Mandamus by the city of Kalamazoo to compel the Michigan Traction Company to relay its track in accordance with the requirements of an amended ordinance. From an order granting the writ, respondent brings certiorari. The following are the stipulated facts in this case: 1. That the city of Kalamazoo is a municipal corporation, duly organized and existing under and by virtue of certain acts of the legislature of the State of Michigan. 2. That, under and by virtue of the provisions of its charter and the laws of the State of Michigan, said city has the right…
1Opinion of the CourtGrant, J.
The sole question arises over the requirement to substitute a grooved rail for a T rail. It is contended on behalf of the relator that the grooved rail is essential to the maintenance of a substantial pavement; that the requirement is therefore reasonable, is within the reservation of the ordinance itself, and incident to the powers and duties of the municipality pertaining to its streets. It is contended on behalf of respondent that the substitution of the grooved rail is inconsistent with the original ordinance, and in violation of its contract with the city. It admits the duty to repave…
2Cases cited14 opinions
- Northwestern Telephone Exchange Co. v. City of MinneapolisSupreme Court of Minnesota · 1900
- City of Detroit v. Detroit & Howell Plank Road Co.Michigan Supreme Court · 1880
- State ex rel. City of Kansas v. Corrigan Consolidated Street Railway Co.Supreme Court of Missouri · 1884
- Mayor of Houston v. Houston City Street Railway Co.Texas Supreme Court · 1892
- City of Burlington v. Burlington Street Ry. Co.Supreme Court of Iowa · 1878
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3Cited by5 opinions
- People v. Detroit United RailwayMichigan Supreme Court · 1903
- Detroit Citizens' Street-Railway Co. v. Board of Public WorksMichigan Supreme Court · 1901
- City of Detroit v. Detroit United RailwayMichigan Supreme Court · 1912
- City of Owosso v. Michigan United Railways Co.Michigan Supreme Court · 1918
- Northwestern Elevated Railroad v. City of ChicagoIllinois Circuit Court · 1904