Houghton County Street-Railway Co. v. Common Council
Michigan Supreme Court
Certiorari to Houghton; Streeter, J. Mandamus by the Houghton County Street-Railway Company to compel the common council of the village of Laurium to permit relator to make a certain connection between its tracks. From an order denying the writ, relator'brings certiorari. The relator was organized in 1900 for the purpose of constructing lines of street railway in the county of Houghton.
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Certiorari to Houghton; Streeter, J. Mandamus by the Houghton County Street-Railway Company to compel the common council of the village of Laurium to permit relator to make a certain connection between its tracks. From an order denying the writ, relator'brings certiorari. The relator was organized in 1900 for the purpose of constructing lines of street railway in the county of Houghton. Its articles of association read: “We, the undersigned, * * * having associated ourselves together to organize a street railway for the pur-, ■pose of constructing, owning, maintaining, and using a street…
1Opinion of the CourtGrant, J.
(after stating the facts). The sole question presented is, Has the relator the right, under the franchise, to connect the two lines at the place designated P
*619Counsel agree that franchises of this character are to be strictly construed. When, however, the intention of the parties is clear, that intention will be given effect. What the parties, expressly or by necessary implication, contract to give or to do, they must be compelled to give or to do. The purpose of the company was to construct a street railway running through and accommodating all the centers of population within the county of…
2Cases cited3 opinions
- City of Burlington v. Burlington Street Ry. Co.Supreme Court of Iowa · 1878
- Ransom v. Citizens' Railway Co.Supreme Court of Missouri · 1891
- Detroit Citizens' Street-Railway Co. v. Board of Public WorksMichigan Supreme Court · 1901
3Cited by3 opinions
- Skerritt Investment Co. v. City of EnglewoodSupreme Court of Colorado · 1926
- White v. County CourtWest Virginia Supreme Court · 1915
- City of Dubuque v. Dubuque Electric Co.Supreme Court of Iowa · 1920