Chicago & Michigan Lake Shore Railroad v. Sanford
Michigan Supreme Court
Appeal from the Probate Court of Berrien county. This is an appeal of Whitfield Sanford from proceedings on the part of the Chicago and Michigan Lake Shore Railroad company against said Whitfield Sanford and Andrew Crawford, Andrew H. Green and William Furgnson to condemn certain lands, in which they were interested, in the village of Benton Harbor, for tho use of said road.
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Appeal from the Probate Court of Berrien county. This is an appeal of Whitfield Sanford from proceedings on the part of the Chicago and Michigan Lake Shore Railroad company against said Whitfield Sanford and Andrew Crawford, Andrew H. Green and William Furgnson to condemn certain lands, in which they were interested, in the village of Benton Harbor, for tho use of said road. The petition in the case was as follows, viz: Your petitioner, the Chicago and Michigan Lake Shore Railroad company, respectfully shows that the Chicago and Michigan Lake Shore Railroad company is a duly organized…
1Opinion of the Court
Campbell, Oh. J.
The proceedings appealed from were taken under the. general railroad law, to condemn certain lands for a right of way. The appellant demanded a jury, and the verdict was rendered and signed by eight out of twelve. The first question presented refers to this verdict.
The clause in the constitution, under which this jury was demanded, declares that, except when to be made by the state, the compensation to be made when property is taken, “ shall be ascertained by a jury of twelve freeholders, residing in the vicinity of such property, or by not less than three commissioners,…
2Cases cited2 opinions
- Dyckman v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- Cruger v. . the Hudson River Railroad Co.New York Court of Appeals · 1854
3Cited by24 opinions
- Risser v. HoytMichigan Supreme Court · 1884
- Parker v. Fort Worth & Denver City Railway Co.Texas Supreme Court · 1892
- Swinney v. Ft. Wayne, Muncie & Cincinnati R. R.Indiana Supreme Court · 1877
- Lake Shore & Michigan Southern Railway Co. v. Cincinnati, Wabash & Michigan Railway Co.Indiana Supreme Court · 1888
- Detroit & Toledo Shore Line Railroad v. CampbellMichigan Supreme Court · 1905
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