Wisher v. Pere Marquette Railway Co.

The bill of complaint prays injunctive relief against the defendant by restraining the construction of a railroad track in the city of Muskegon across and along Beach street, and across Nelson and Dewey streets, which parallel it on'the east.' Denied such relief by the trial court, plaintiffs bring the case here on appeal.

Defendant obtained permission to cross these streets from the city and also from the property owners abutting them at the points of the proposed crossings. But plaintiffs claim that defendant is without right to construct its railroad in and along Beach street without first…