Legal Opinion

Michigan Central Railway Co. v. Miller

Michigan Supreme Court

Decided October 2, 1912No. Docket No. 34PublishedCited by 11 opinions

Appeal from Wayne; Hosmer, J. Eminent domain proceedings by the Michigan Central Railway Company against Edwin Miller and Burr Lobdell to take private property for railroad purposes. From a verdict for petitioner awarding damages, respondents appeal.

1Opinion of the CourtBrooke, J.

This is the second time this case has been before the court. It will be found reported at 162 Mich. 220 (127 N. W. 320). We there held that the petition was not, upon its face, so defective as to deprive the court of jurisdiction, but dismissed the action because the proofs failed to show that the petitioner had taken the necessary corporate action to determine that the land in question was required for corporate purposes, and also because the evidence wholly failed to prove any attempt to purchase the land described in the petition. It was also intimated that the contemplated improvement…

2Cases cited11 opinions

  1. Chicago & Northwestern Railway Co. v. GaltIllinois Supreme Court · 1890
  2. Peninsular Railway Co. v. HowardMichigan Supreme Court · 1870
  3. Chicago & Michigan Lake Shore Railroad v. SanfordMichigan Supreme Court · 1871
  4. Detroit & Toledo Shore Line Railroad v. CampbellMichigan Supreme Court · 1905
  5. Ligare v. Chicago, Madison & Northern RailroadIllinois Supreme Court · 1897

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3Cited by11 opinions

  1. 2000 Baum Family Trust v. BabelMichigan Supreme Court · 2010
  2. Langston v. City of Miami BeachDistrict Court of Appeal of Florida · 1971
  3. Edison Illuminating Co. v. MischMichigan Supreme Court · 1918
  4. Amerman v. Missouri, K. & T. Ry. Co. of TexasCourt of Appeals of Texas · 1915
  5. Chicago, Detroit & Canada Grand Trunk Junction Railroad v. JacobsMichigan Supreme Court · 1924

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