City of Detroit v. Detroit & Erin Plank Road Co.
Michigan Supreme Court
Certiorari to tbe Recorder’s Court of Detroit. ■ Defendants were prosecuted in the Recorder’s Court under a city ordinance, for obstructing tbe Port Gratiot Road by a toll bouse and toll gate. Tbe case was tried in tbe Court below upon tbe following stipulation, signed by tbe attorneys for tbe parties, as tbe sole evidence.
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Certiorari to tbe Recorder’s Court of Detroit. ■ Defendants were prosecuted in the Recorder’s Court under a city ordinance, for obstructing tbe Port Gratiot Road by a toll bouse and toll gate. Tbe case was tried in tbe Court below upon tbe following stipulation, signed by tbe attorneys for tbe parties, as tbe sole evidence. “Tbe defendant was incorporated by a statute entitled ‘An act to incorporate tbe Detroit and Erin Plank Road Company,’ April 3d, 1848, and published on page 382 of the Session Laws of that year. “This act, and the other acts referred to hereafter, may be read in evidence,…
1Opinion of the Court
Christianct J.:
The only question in this case, is, whether the plank road company had the right to erect and maintain a toll gate on the Fort Gratiot road, or Gratiot street, in the tenth ward of the city of Detroit.
By the charter of the company — Laws of 1848, p. 382 — they were authorized to establish and construct their road '■'•from the city of Detroit in the county of Wayne, on the Gratiot road, so called,” to, &c. Their right to the use of the Gratiot, road for this purpose was affirmed in the case of McKay v. The Detroit & Erin Plank Road Co., 2 Mich. 138.
Under the General Plank Road…
2Cases cited1 opinion
- Attorney General ex rel. McKay v. Detroit & Erin Plank Road Co.Michigan Supreme Court · 1851
3Cited by5 opinions
- Balfour v. HopkinsCourt of Appeals for the Ninth Circuit · 1899
- People ex rel. Chope v. Detroit & Howell Plank Road Co.Michigan Supreme Court · 1877
- Talcott v. Pine GroveU.S. Circuit Court for the District of Western Michigan · 1872
- Pontiac & Lapeer Plank-road Co. v. HiltonMichigan Supreme Court · 1888
- Village of Highland Park v. Detroit & Birmingham Plank-Road Co.Michigan Supreme Court · 1893