Township of Burdell v. Grand Rapids & Indiana Railway Co.
Michigan Supreme Court
Certiorari to Osceola; Rose, J. Mandamus by the township of Burdell to compel the Grand Rapids & Indiana Railway Company to repair and maintain a bridge in a public highway. An order denying the writ is reviewed by relator on writ of certiorari. Plaintiff in certiorari filed a petition in the circuit court praying for the writ of mandamus to compel the respondent to repair, and keep in repair, a bridge over a ravine in a public highway.
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Certiorari to Osceola; Rose, J. Mandamus by the township of Burdell to compel the Grand Rapids & Indiana Railway Company to repair and maintain a bridge in a public highway. An order denying the writ is reviewed by relator on writ of certiorari. Plaintiff in certiorari filed a petition in the circuit court praying for the writ of mandamus to compel the respondent to repair, and keep in repair, a bridge over a ravine in a public highway. The facts were stipulated, and are in substance as follows: The highway and bridge across the ravine had been in existence for a long time prior to 1885, and…
1Opinion of the CourtGrant, J.
{after stating the facts). Upon the above statement of facts the court is asked to determine whether it is the legal duty of the respondent to maintain the bridge and keep it in proper repair for travel. Counsel for the plaintiff concedes that no such question has before been submitted to the courts, and that he is unable to find that it has been discussed in the text-books. He seeks to base respondent’s liability upon the grade-crossing cases which hold that, both at common law and under the statute, it is the duty of the railroad company to restore the highway to its former condition, as…
2Cases cited5 opinions
- Tobias v. Michigan Central RailroadMichigan Supreme Court · 1894
- Retan v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1892
- Maltby v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1883
- Jeffrey v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1896
- Kaiser v. Detroit & Northwestern RailwayMichigan Supreme Court · 1902