People ex rel. Green v. Michigan Southern Railroad
Michigan Supreme Court
This was an application npon an agreed statement of facts, for a peremptory mandamus to compel the respondents to cause to be appraised and paid, the damages of the relator on .account of constructing, using, and occupying their road, upon and across his land, being the w. i of s. e. í of sec. 17, township 7, south of range one west, in the county of Hillsdale, and lying east of the village of Hillsdale. The facts are fully stated in the opinion of the Court.
1Opinion of the Court
By the Court,
Green, P. J.
*497The Michigan Southern Eailroad was located across the. lands described in the statement of facts agreed upon, in the summer of 1838, and completed and brought into use by the State of Michigan in the year 1844, and in 1846 the respondents came into possession of the road under their charter, and have used and occupied it ever since. No damages were ever assessed, tendered, or paid bn account of said Eailroad crossing the lands, either by the State or the Company, and no claim for damages was ever made hy the owner or occupant of the land against the State of Michigan.…
2Cases cited3 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Vanhorne v. DorranceSupreme Court of the United States · 1795
- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
3Cited by16 opinions
- Toledo, Ann Arbor & Grand Trunk Railway Co. v. DunlapMichigan Supreme Court · 1882
- Martin v. TylerNorth Dakota Supreme Court · 1894
- Sisson v. Board of SupervisorsSupreme Court of Iowa · 1905
- Cairo & Fulton R. R. v. TurnerSupreme Court of Arkansas · 1876
- McKinley, Comm'r of Lab. v. Payne Son Lbr.Supreme Court of Arkansas · 1940
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