Legal Opinion

Hoffman v. Flint & Pere Marquette Railroad

Michigan Supreme Court

Decided September 14, 1897PublishedCited by 10 opinions

Error to St. Clair; Eldredge, J., presiding. Case by John M. Hoffman against the Flint & Pere Marquette Railroad Company to recover damages for the unauthorized use of the street in front of plaintiff’s premises. Prom a judgment for defendant on verdict directed by the court, plaintiff brings error.

1Opinion of the CourtMoore, J.

January 7, 1884, plaintiff became the owner of lot 43 in the city of Port Huron, lying east of Merchant street, and between the said street and the St. Clair river, and claims to be the owner of the fee of said land to the center of Merchant street. In April, 1889, the defendant company purchased the Port Huron & Northwestern Railway. The last-named company built its *317road in front of the lot in question in 1880. Before doing so it obtained permission from the common council of the city of Port Huron to use the street for its railway, subject to the rights of the adjacent lot owners. The…

2Cases cited3 opinions

  1. Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
  2. Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1882
  3. Dunlap v. Toledo, Ann Arbor & Grand Trunk Railway Co.Michigan Supreme Court · 1883

3Cited by10 opinions

  1. Phelps v. City of DetroitMichigan Supreme Court · 1899
  2. Muncie Pulp Co. v. KeeslingIndiana Supreme Court · 1906
  3. Felton v. WedthoffMichigan Supreme Court · 1915
  4. Keyser v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1905
  5. Moore v. JohnsonMichigan Supreme Court · 1928

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