People ex rel. Kunze v. Fort Wayne & Elmwood Railway Co.
Michigan Supreme Court
Appeal from Wayne. (Hosmer, J.) Information in the nature of a quo warranto to exclude the respondent from laying its tracks upon a certain street. Relators appeal. The facts are stated in the opinion.
1Opinion of the CourtMontgomery, J.
This is an action in the nature of a quo warranto filed to exclude the defendant corporation from laying its tracks upon and occupying for the purposes of a street railway Champlain street, in the city of Detroit, from Randolph street to Elmwood avenue.
It is claimed that the defendant has no right to the franchise or privilege in question, because—
1. The street is too narrow to admit of defendant’s *524cars and other vehicles at the same time, and the contemplated use by the defendant will interfere with the rights of the general public in the street.
2. The amended ordinance of the city of…
2Cases cited3 opinions
- Detroit City Railway v. MillsMichigan Supreme Court · 1891
- People ex rel. Maybury v. Mutual Gas-Light Co.Michigan Supreme Court · 1878
- People ex rel. Coon v. Plymouth Plank Road Co.Michigan Supreme Court · 1875
3Cited by17 opinions
- McPhee & McGinnity Co. v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1907
- Mordhurst v. Ft. Wayne & Southwestern Traction Co.Indiana Supreme Court · 1904
- Oakland County Drain Com'r v. City of Royal OakMichigan Supreme Court · 1943
- People v. EatonMichigan Supreme Court · 1894
- Detroit Citizens' St. Ry. Co. v. City of DetroitCourt of Appeals for the Sixth Circuit · 1894
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