Legal Opinion

City of Owosso v. Michigan United Railways Co.

Michigan Supreme Court

Decided June 3, 1918No. Calendar No. 28,106Published

Certiorari to Shiawassee; Davis, J., presiding. Mandamus by the city of Owosso to compel the Michigan United Railways Company and the Michigan Railway Company to relay certain tracks. From an order granting the writ] defendants bring certiorari.

1Opinion of the CourtBird, J.

The plaintiff city passed a resolution requiring defendants to move their car track from the side to the middle of Corunna avenue between .Lincoln avenue and the city limits, a distance of 1,800 feet. After reciting that it has been determined by the commissioner of public improvements that it is a necessary public improvement that Corunna avenue from Lincoln avenue east to the city limits be macadamized, the resolution proceeds:

“Now, therefore, be it resolved that it is hereby determined by this commission that it is advisable and necessary as a proper regulation to protect and promote the…

2Cases cited5 opinions

  1. Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
  2. People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
  3. City of Detroit v. Fort Wayne & Elmwood Railway Co.Michigan Supreme Court · 1892
  4. City of Kalamazoo v. Michigan Traction Co.Michigan Supreme Court · 1901
  5. City of Lansing v. Lansing City Electric Railway Co.Michigan Supreme Court · 1896

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