Legal Opinion

Backus v. Fort Street Union Depot Co.

Supreme Court of the United States

Decided March 7, 1898No. 55PublishedCited by 156 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. The facts in this case are as follows: The defendant in error is a corporation created under the laws of the State of Michigan, for the purpose of constructing a .union depot in the city of Detroit. In order to connect this depot with the railroads desiring to enter, it was necessary to place tracks on River street, and some of the way, at least, these tracks had to be elevated above the grade of the street.

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ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. The facts in this case are as follows: The defendant in error is a corporation created under the laws of the State of Michigan, for the purpose of constructing a .union depot in the city of Detroit. In order to connect this depot with the railroads desiring to enter, it was necessary to place tracks on River street, and some of the way, at least, these tracks had to be elevated above the grade of the street. As a part of its enterprise the Depot Company undertook the work of constructing these tracks. The plaintiffs in error were the owners…

1Opinion of the CourtJustice Brewer

Inasmuch as the respondents, both on the trial in the circuit court and in the subsequent proceedings on the certiorari in the Supreme Court, specifically set up and claimed rights under the Federal Constitution which were denied, the jurisdiction of this court is not open to doubt. They again and again insisted that certain provisions of the Federal Constitution, which they named, stood in the way of any further proceedings against them.

It is also not open to further debate, since the decision in Chicago, Burlington & Quincy Railroad v. Chicago, 166 U. S. 226, that this court may examine…

2Cases cited14 opinions

  1. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  2. Boom Co. v. PattersonSupreme Court of the United States · 1879
  3. Bauman v. RossSupreme Court of the United States · 1897
  4. Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890
  5. United States v. JonesSupreme Court of the United States · 1883

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3Cited by156 opinions

  1. Phillips v. CommissionerSupreme Court of the United States · 1931
  2. Manigault v. SpringsSupreme Court of the United States · 1905
  3. Maxwell v. DowSupreme Court of the United States · 1900
  4. Dohany v. RogersSupreme Court of the United States · 1930
  5. Banks v. County of AlleghenyDistrict Court, W.D. Pennsylvania · 2008

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