Detroit Citizens' Street-Railway Co. v. Board of Public Works
Michigan Supreme Court
Certiorari to Wayne; Carpenter, Frazer, Rohnert, Donovan, and Hosmer, JJ. Mandamus by the Detroit Citizens’ Street-Railway Company to compel the board of public works of the city of Detroit to grant relator a permit to put in certain switches. From an order granting the writ, respondent brings certiorari. The Detroit City Railway was organized under chapter 167, 2 Comp.
Read the full summary
Certiorari to Wayne; Carpenter, Frazer, Rohnert, Donovan, and Hosmer, JJ. Mandamus by the Detroit Citizens’ Street-Railway Company to compel the board of public works of the city of Detroit to grant relator a permit to put in certain switches. From an order granting the writ, respondent brings certiorari. The Detroit City Railway was organized under chapter 167, 2 Comp. Laws 1897. In January, 1889, it was duly authorized by the city by ordinance to construct and maintain a single-track street railway along Chene and other streets. ' The ordinance authorized it “to construct, use, and operate…
1Opinion of the CourtGrant, J.
{after stating the facts). The sole power to convey authority to construct street railways is by the *556statute of the State vested in the municipal authorities; the authority in this case being the common council. Counsel for the city cites section 18 of the original ordinance, which reads:
‘ ‘ If said grantees or their assigns shall fail to complete any of the aforesaid railways within the time prescribed, then the rights and privileges herein granted shall be forfeited as to any and every route therein established.”
He then argues that this provision, and the requirement to construct the road…
2Cases cited1 opinion
- City of Kalamazoo v. Michigan Traction Co.Michigan Supreme Court · 1901
3Cited by4 opinions
- Houghton County Street-Railway Co. v. Common CouncilMichigan Supreme Court · 1904
- Mannel v. Detroit, Mt. Clemens & Marine City RailwayMichigan Supreme Court · 1905
- Northwestern Elevated Railroad v. City of ChicagoIllinois Circuit Court · 1904
- State ex rel. Milwaukee Electric Railway & Light Co. v. BramanWisconsin Supreme Court · 1920