Legal Opinion · Dissent

City of Detroit v. Detroit City Ry. Co.

U.S. Circuit Court for the District of Eastern Michigan

Decided May 31, 1893No. 3,320Published

In Equity. Suit in tbe circuit court of Wayne county, Mich., by the city of Detroit, against the Detroit City Railway Company, the Detroit Citizens’ Street-Railway Company, Sidney D. Miller and William K. Muir, trustees, and the Washington Trust Company of the City of New York, for an injunction to compel the removal of tracks from the streets, and to restrain respondents from operating a street railway therein.

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In Equity. Suit in tbe circuit court of Wayne county, Mich., by the city of Detroit, against the Detroit City Railway Company, the Detroit Citizens’ Street-Railway Company, Sidney D. Miller and William K. Muir, trustees, and the Washington Trust Company of the City of New York, for an injunction to compel the removal of tracks from the streets, and to restrain respondents from operating a street railway therein. The Washington Trust Company of the City of New York removed the cause to this court, and a motion to remand was thereafter denied. 54 Fed. Rep. 1. Complainant’s motion to postpone…

1Dissent

SWAPS'. District Judge,

(dissenting.) The opinion of the circuit judge, in my judgment, in its reasoning and conclusions, is so utterly subversive of the principles of equity that I am unwilling, by my silence, to sanction an apparent, assent to what seems to me to be a most inequitable result. The bill sets forth, in substance, the original street,-railway ordinance of [November 24, 18(52, the incorporation of the Detroit; City Railway Company for 30 years under the tram-railway act, the passage of the ordinance of November 14, 1879; and reciting thafthe railroad company insists on the light,…

2Cases cited44 opinions

  1. Railway Co. v. McCarthySupreme Court of the United States · 1878
  2. Marble Co. v. RipleySupreme Court of the United States · 1870
  3. Jones v. HabershamSupreme Court of the United States · 1883
  4. Daniels v. TearneySupreme Court of the United States · 1880
  5. Chicago v. SheldonSupreme Court of the United States · 1870

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