Detroit, Fort Wayne & Belle Isle Railway v. Osborn
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. This case involves the legality of an order of the commissioner of railroads of the State of Michigan requiring the plaintiff in error and the Union Terminal Association of Detroit, at their own cost and expense,'to maintain and operate safety gates and derailing and signalling appliances at Clark avenue in said city.
Read the full summary
ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. This case involves the legality of an order of the commissioner of railroads of the State of Michigan requiring the plaintiff in error and the Union Terminal Association of Detroit, at their own cost and expense,'to maintain and operate safety gates and derailing and signalling appliances at Clark avenue in said city. The order is inserted in the margin.1 The order was made and issued undeb act 171 of the Public Acts of the State of 1893, section 5 of which provides as follows : “ The commissioner of railroads shall, as soon as possible…
1Opinion of the CourtJustice McKenna
1. A motion is made to dismiss the writ of error on the ground that the record exhibits no Federal question. The motion is denied. The plaintiff claimed and set up a. right under the Constitution of the United States, and the decision of the Supreme Court, of the State was tantamount to the denial of that right. Kaukauna Co. v. Green Bay &c. Canal Co., 142 U. S. 254.
■ 2. The argument of plaintiff in error on the merits is that it was the first to occupy Clark avenue ; that at that time there was no public highway or street crossing at* such avenue; that subsequently the steam railroads laid…
2Cases cited1 opinion
- Kaukauna Water Power Co. v. Green Bay & Mississippi Canal Co.Supreme Court of the United States · 1891
3Cited by28 opinions
- Nashville, Chattanooga & St. Louis Railway v. WaltersSupreme Court of the United States · 1935
- Erie Railroad v. Board of Public Utility CommissionersSupreme Court of the United States · 1921
- NORTHERN PACIFIC RAILWAY COMPANY v. STATE OF MINNESOTA Ex Rel. THE CITY OF DULUTHSupreme Court of the United States · 1908
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MinneapolisSupreme Court of the United States · 1914
23 more not listed; retrieve them via the Exa API.