Federal Gravel Co. v. Detroit & MacKinac Railway Co.

The defendants’ motion to dismiss the bill of complaint was denied by an order of the circuit judge. Leave to perfect this appeal from such order was granted to the defendants. The plaintiff owns and formerly operated two gravel pits on the line of the Detroit & Mackinac Railway Company; and had invested in such enterprise upwards of $178,000. The railway company also owned and operated a. gravel pit. Originally this pit was operated to supply its own needs for ballast, etc.; but subsequently the railway company entered into the commercial production of gravel at this pit and increased its…