Miller v. Detroit, Ypsilanti & Ann Arbor Railway
Michigan Supreme Court
Error to Washtenaw; Kinne, J. Trespass quare clausum fregit by Fanny B. Miller against the Detroit, Ypsilanti & Ann Arbor Railway. From a judgment for plaintiff, defendant brings error; Plaintiff recovered a judgment in the court below of 1275 for the destruction of 11 shade trees in front of her property, dug up and removed by the defendant in the construction of its railway. Plaintiff’s land is situated in the township of Ypsilanti.
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Error to Washtenaw; Kinne, J. Trespass quare clausum fregit by Fanny B. Miller against the Detroit, Ypsilanti & Ann Arbor Railway. From a judgment for plaintiff, defendant brings error; Plaintiff recovered a judgment in the court below of 1275 for the destruction of 11 shade trees in front of her property, dug up and removed by the defendant in the construction of its railway. Plaintiff’s land is situated in the township of Ypsilanti. The proper township authorities granted a franchise to the defendant’s assignors for the construction of the railway, and fixed its location 20 feet from the…
1Opinion of the CourtGrant, J.
(after stating the facts). The principal and important question in the case is, Has a street railway company the right to remove shade trees within the limits of the public highway, for the construction of its road as established by the township authorities, without compensation for damages ? The same principle was involved in Wyant v. Telephone Co., 123 Mich. 51 (81 N. W. 928, 47 L. R. A. 497). We there distinctly held that a telephone company had the right to cut out the branches of the trees along the public highway under a franchise similar to that here conveyed. The same necessity may…
2Cases cited8 opinions
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Vanderhurst v. TholckeCalifornia Supreme Court · 1896
- Everett v. City of Council BluffsSupreme Court of Iowa · 1877
- Clark v. DassoMichigan Supreme Court · 1876
- Wilson v. SimmonsSupreme Judicial Court of Maine · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Webber v. Salt Lake CityUtah Supreme Court · 1911
- Altpeter v. Postal Telegraph-Cable Co.California Court of Appeal · 1917
- Falls v. Grand Rapids, Grand Haven & Muskegon Railway Co.Michigan Supreme Court · 1915
- City of Birmingham v. GravesSupreme Court of Alabama · 1917