Taylor v. Bay City Street Railway Co.

1. The plaintiffs in this case were also some *143of the complainants in Taylor v. Raihvay Co., 80 Mich. 77. The conditions under which the defendant was authorized to lay its track upon the street in question were there settled. The doctrine there established is stare decisis, and cannot be reviewed in this suit. That case was appealed to the Supreme Court of the United States, from which it has been dismissed. Plaintiffs instituted this suit to recover damages for the construction and use of the railway opposite their premises, situated on the corner of Third and Washington streets. By the…