City of Detroit v. Michigan Central Railroad
Michigan Supreme Court
Error to the recorder’s court of Detroit; Connolly, J. Petition by the city of Detroit for the separation of grades in a certain street. • The American Car & Foundry Company intervened claiming damages. There was judgment confirming the award of the jury, and both parties bring error. This is a proceeding to separate grades at the intersection of Junction avenue with the rights of way with the Michigan Central Railroad Company and other railroads.
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Error to the recorder’s court of Detroit; Connolly, J. Petition by the city of Detroit for the separation of grades in a certain street. • The American Car & Foundry Company intervened claiming damages. There was judgment confirming the award of the jury, and both parties bring error. This is a proceeding to separate grades at the intersection of Junction avenue with the rights of way with the Michigan Central Railroad Company and other railroads. The act for such separation and the contract between the city and the several roads and the proceedings instituted are identical with those in the…
1Opinion of the CourtGrant, J.
{after stating the facts). It is determined in the case above referred to that the statute under which those proceedings were taken include damages only to those whose lands abut on the street. Further discussion of this subject therefore is unnecessary. It follows that the contract between the city and the railroad *124companies did not contemplate damages resulting to those whose property abuts upon the railroad rights of way, and not upon the streets where the improvements are to be made. This further very plainly appears from the language of the contract, wherein the city assumes the payment…
2Cases cited2 opinions
- New York, New Haven, & Hartford Railroad v. BlackerMassachusetts Supreme Judicial Court · 1901
- Chicago & Alton Railroad v. SuffernIllinois Supreme Court · 1889
3Cited by6 opinions
- Bryan v. Louisville & Nashville RailroadSupreme Court of Missouri · 1922
- Helena & Livingston Smelting & Reduction Co. v. Northern Pacific Railway Co.Montana Supreme Court · 1922
- Briggs v. Great Northern Railway Co.Montana Supreme Court · 1932
- People ex rel. Long Island Railroad v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1915
- Black's Executors & Trustees v. Louisville & Nashville RailroadCourt of Appeals of Kentucky (pre-1976) · 1932
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