Legal Opinion

Michigan Air Line Railway v. Barnes

Michigan Supreme Court

Decided October 6, 1880PublishedCited by 21 opinions

Appeal from Oakland. Petition for proceedings to ascertain damages for taking land. Respondents Barnes appeal.

1Opinion of the CourtGraves, J.

This case comes up on appeal by respondents Barnes in a proceeding to condemn property under the Railroad Law approved May 1st, 1873. The jury who made the finding were attended by the circuit judge and their report was confirmed by the circuit court.

The first objection is that the taking includes premises fronting on a street, and that the jury allowed nothing for damages on that account. Por aught that appears the objection is gratuitous. The conclusion is not a proper inference from the record. The jury were required “ to ascertain and determine the damages or compensation which ought…

2Cases cited1 opinion

  1. East Saginaw & St. Clair Railroad v. BenhamMichigan Supreme Court · 1874

3Cited by21 opinions

  1. Toledo, Ann Arbor & Grand Trunk Railway Co. v. DunlapMichigan Supreme Court · 1882
  2. Port Huron & South-Western Railway Co. v. VoorheisMichigan Supreme Court · 1883
  3. Boyne City, Gaylord & Alpena Railroad v. AndersonMichigan Supreme Court · 1906
  4. City of Detroit v. Fidelity Realty Co.Michigan Supreme Court · 1921
  5. Detroit & Toledo Shore Line Railroad v. CampbellMichigan Supreme Court · 1905

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