Detroit & Mackinac Railway Co. v. Sioux City Seed & Nursery Co.
Michigan Supreme Court
Appeal from Alpena; Emerick, J. Bill by the Detroit & Mackinac Railway Company against the Sioux City Seed & Nursery Company for an injunction. Defendant filed a cross-bill praying for an injunction against complainant. From a decree for complainant, defendant appeals. In the year IBS’?, the complainant railway extended its road through the city of Alpena. Its main line ran along Tenth street through said city.
Read the full summary
Appeal from Alpena; Emerick, J. Bill by the Detroit & Mackinac Railway Company against the Sioux City Seed & Nursery Company for an injunction. Defendant filed a cross-bill praying for an injunction against complainant. From a decree for complainant, defendant appeals. In the year IBS’?, the complainant railway extended its road through the city of Alpena. Its main line ran along Tenth street through said city. By reason of the growth of the city, which now has between 13,000 and 14,000 inhabitants, it lately became necessary for complainant to build a new and more commodious passenger depot.…
1Opinion of the Court
Brooke, J,
(after stating the facts). During the pendency of the cause, complainant proceeded with the erection of its new passenger depot, and the same has now been completed and stands squarely across Saginaw street where said street was closed by the action of the city authorities. Complainant has expended in the purchase of land and in the erection of this building upwards of $75,000. Thelearned circuit judge who heard the case held:
“That the closing of Tenth and Saginaw streets and the alley in block 7 will work no such serious loss or injury to defendant as to justify the interference of…
2Cases cited4 opinions
- Buhl v. Fort Street Union Depot Co.Michigan Supreme Court · 1894
- Baudistel v. Michigan Central RailroadMichigan Supreme Court · 1897
- Beutel v. West Bay City Sugar Co.Michigan Supreme Court · 1903
- Highway Commissioner v. Wabash RailroadMichigan Supreme Court · 1907
3Cited by1 opinion
- Sioux City Seed & Nursery Co. v. Detroit & Mackinac Ry. Co.Michigan Supreme Court · 1915