Detroit & Birmingham Plank Road Co. v. Detroit Suburban Railway Co.
Michigan Supreme Court
Appeal from Wayne. (Donovan, J.) Bill to restrain the defendants from constructing an electric railway tfack upon a portion of Woodward avenue in the city of Detroit. Defendants appeal. The facts are stated in the opinion.
1Opinion of the Court
McGrath, 0. J.
On the 29th day of October, 1885, an. agreement was entered into between complainant, as party of the first part, and Frank E. Snow and William A. Jackson, parties of the second part, whereby said first party agreed to allow the parties of the second part to construct,, maintain, and operate a single-track electric railway from a point within the city of Detroit, northerly “ along and over the westerly ditch of the said plank-road company’s roadway, to the Six-Mile House;” and the parties of the second part agreed to pay for the privilege, “ on or before the-commencement of the…
2Cases cited2 opinions
- Wright v. NagleSupreme Court of the United States · 1880
- Gamble v. GatesMichigan Supreme Court · 1892
3Cited by2 opinions
- Murfin v. Detroit & Erin Plank-Road Co.Michigan Supreme Court · 1897
- Scott v. SullivanMichigan Supreme Court · 1909