Village of Highland Park v. Detroit & Birmingham Plank-Road Co.

Hooker, O. J.

The defendant, a plank-road company, has for many years maintained a' toll-gate at a point south of the village of Highland Park, a suburb of Detroit. In consideration of the sum of $5,000, it agreed to remove said toll-gate, and thereafter to maintain no toll-gate within five miles of the city hall in Detroit, and to col*490lect no tolls of jDersons traveling over the portion of the road south of the gate to be established beyond said five mile limit, except such as should pass through said gate. Complainant, through its officers, thereupon filed the bill in this cause to restrain…