Detroit Citizens' St. Ry. Co. v. City of Detroit
Court of Appeals for the Sixth Circuit
Appeals from the Circuit Court of the United States for the Eastern District of Michigan. This was a bill filed in the circuit court of Wayne county, Mich., by the City of Detroit, against the Detroit City Railway, the Detroit Citizens’ Street-Railway Company, Sidney D. Miller and William K. Muir, trustees, and the Washington Trust Company of the City of Xew York, for an injunction to compel the removal of tracks from the streets, and to restrain the further operation of a…
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Appeals from the Circuit Court of the United States for the Eastern District of Michigan. This was a bill filed in the circuit court of Wayne county, Mich., by the City of Detroit, against the Detroit City Railway, the Detroit Citizens’ Street-Railway Company, Sidney D. Miller and William K. Muir, trustees, and the Washington Trust Company of the City of Xew York, for an injunction to compel the removal of tracks from the streets, and to restrain the further operation of a street railway therein. The cause' was removed to the federal court by the Washington Trust Company of the City of Xew…
1Opinion of the Court
LURTON, Circuit Judge.
The relief which the bill seeks is the removal from the streets of Detroit of the tracks and cars of the Detroit Citizens’ Street-Railway Company. The ground upon which ihe relief is sought is that the term for which the city consented to the use of the streets occupied by that company has expired by limitation, and that that company .is therefore an unlawful trespasser on the streets, and its tracks and cars a public nuisance. The Detroit Citizens’ Street-Railway Company is the assignee and successor of the Detroit City Railway Company. The street easements or…
2Cases cited29 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- The People v. . SturtevantNew York Court of Appeals · 1853
24 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Louisville Trust Co. v. City of CincinnatiCourt of Appeals for the Sixth Circuit · 1896
- McPhee & McGinnity Co. v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1907
- Mayor of Knoxville v. AfricaCourt of Appeals for the Sixth Circuit · 1896
- Brown v. SchleierCourt of Appeals for the Eighth Circuit · 1902
- State ex rel. County Attorney v. Des Moines City Railway Co.Supreme Court of Iowa · 1913
16 more not listed; retrieve them via the Exa API.