Legal Opinion

Plantenga v. Grand Rapids Terminal Railway Co.

Michigan Supreme Court

Decided March 31, 1916No. Docket No. 74PublishedCited by 3 opinions

Error to Kent; McDonald, J. Case by Peter Plantenga and another against the Grand Rapids Terminal Railway Company, a corporation, and another, for damages for the construction of a railway upon a public street opposite plaintiff’s premises.. Judgment for plaintiff. Defendant brings error.

1Opinion of the CourtOstrander, J.

Believing that my Brother Kuhn has reached a wrong conclusion, I briefly state my reasons for the belief.

The railroad in the street is not a nuisance, because it is permitted to be there by competent authority. The fact that before putting it there the damages to plaintiffs were not ascertained and paid does not make it a nuisance. Payment will not transform a nuisance into a lawful structure. Therefore the idea that defendant has created a nuisance ought not to enter into *663the reasoning upon which decision is based. None of plaintiffs’ land was taken or was invaded. If plaintiffs are damaged,…

2Cases cited3 opinions

  1. Phelps v. City of DetroitMichigan Supreme Court · 1899
  2. Hoffman v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1897
  3. Keyser v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1905

3Cited by3 opinions

  1. Detroit, Bay City & Western Railroad v. First National BankMichigan Supreme Court · 1917
  2. State Highway Commissioner v. BreisacherMichigan Supreme Court · 1925
  3. State Highway Commissioner v. SaboMichigan Court of Appeals · 1966

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