Swan v. Williams
Michigan Supreme Court
Case reserved, from Oakland Circuit, on motion for a new trial. Action, trespass quare clauswn fregit; the alleged trespasses consisted in running the cars of the Detroit and Pontiac Railroad Company, &c., over the plaintiffs close, by defendants.
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Case reserved, from Oakland Circuit, on motion for a new trial. Action, trespass quare clauswn fregit; the alleged trespasses consisted in running the cars of the Detroit and Pontiac Railroad Company, &c., over the plaintiffs close, by defendants. Plea, general issue, and notice of special matters, viz: that in pursuance of the act to incorporate said Company, approved March 7, 1834, said Company before the committing of the said supposed trespasses, entered into a negotiation with plaintiff, for the purchase of him of so much of the close in question, and-of so much of the earth, &c., as…
1Opinion of the Court
By the Court, Martin, J.
The most important question presented by this case, respects the constitutionality of the act of incorporation of the Detroit and Pontiac Railroad Company, in so far as it authorizes the appropriation of private property for the puiposes contemplated in the act, without the consent of the owner. It is contended that the act is in this particular, in violation of the Constitution of the United States, and of the Ordinance of 1787.
The abstract question of the right of the Territorial Legislature of Michigan to create this corporation, is not raised; but it is contended…
2Cases cited5 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Commonwealth v. Union Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1809
- People ex rel. Taylor v. ThompsonNew York Supreme Court · 1839
3Cited by48 opinions
- People ex rel. Detroit & Howell Railroad v. Township BoardMichigan Supreme Court · 1870
- Wayne County v. HathcockMichigan Supreme Court · 2004
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
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