Plantenga v. Grand Rapids Terminal Railway Co.
Michigan Supreme Court
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
- Phelps v. City of DetroitMichigan Supreme Court · 1899
- Hoffman v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1897
- Keyser v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1905
3Cited by3 opinions
- Detroit, Bay City & Western Railroad v. First National BankMichigan Supreme Court · 1917
- State Highway Commissioner v. BreisacherMichigan Supreme Court · 1925
- State Highway Commissioner v. SaboMichigan Court of Appeals · 1966