Legal Opinion

City of Monroe v. Detroit, Monroe & Toledo Short Line Railway

Michigan Supreme Court

Decided July 23, 1915No. Calendar No. 26,207PublishedCited by 11 opinions

Certiorari to Monroe; Gilday, J. Mandamus by the city of Monroe against the Detroit, Monroe & Toledo Short Line Railway to compel respondent to comply with the provisions of its franchise in running its cars through said city. From an order granting the writ respondent brings certiorari.

1Opinion of the CourtOstrander, J.

The relator seeks the writ of mandamus to compel respondent to operate cars during certain hours, pursuant, it is claimed, to the terms of a franchise granted by relator to respondent and contract relations thereby established. After a hearing the circuit court ordered the writ to issue, and the respondent reviews the action by certiorari.

*365The order will be affirmed unless, as respondent contends, the relations established by the granting and accepting of the franchise have been so changed that the -franchise has no longer any force in the premises. Respondent states its contention as follows:

“…

2Cases cited1 opinion

  1. Attorney General ex rel. City of Monroe v. Toledo & Monroe RailwayMichigan Supreme Court · 1908

3Cited by11 opinions

  1. Woodburn v. Public Service CommissionOregon Supreme Court · 1916
  2. Lenawee County Gas & Electric Co. v. City of AdrianMichigan Supreme Court · 1920
  3. City of Saginaw v. Consumers' Power Co.Michigan Supreme Court · 1921
  4. City of Traverse City v. Michigan Railroad CommissionMichigan Supreme Court · 1918
  5. Municipal Gas Co. v. Lone Star Gas Co.Court of Appeals of Texas · 1924

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