Legal Opinion

City of Detroit v. Detroit United Railway

Michigan Supreme Court

Decided March 30, 1909No. Docket No. 99, Docket No. 56PublishedCited by 12 opinions

Error to the recorder’s court of Detroit; Connolly, J. Petition by the city of Detroit for the separation of grades in a certain street. The Detroit United Railway and others intervened, claiming damages. There was judgment confirming the award of the jury, and petitioner brings error.

1Opinion of the CourtOstrander, J.

In conformity with an act entitled: “An act to provide separate grades for railroads and public highways and streets where railroads intersect such highways and streets” (2 Comp. Laws, §§ 4229-4261), an agreement was made between the city of Detroit, party of the first part, and three steam railroad companies and the Detroit United Railway, described as parties of the second part, for a separation of grades at various points in said city, for paying the cost of making and maintaining such separation of grades, and for a division of the total expense thereof between the parties thereto.…

2Cases cited19 opinions

  1. Springer v. City of ChicagoIllinois Supreme Court · 1891
  2. Swift & Co. v. City of Newport NewsSupreme Court of Virginia · 1906
  3. City of Pontiac v. CarterMichigan Supreme Court · 1875
  4. City Council of Montgomery v. MaddoxSupreme Court of Alabama · 1889
  5. Commonwealth v. Justices of the Court of SessionsMassachusetts Supreme Judicial Court · 1809

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3Cited by12 opinions

  1. In Re Widening of Gratiot AvenueMichigan Supreme Court · 1940
  2. Mississippi State Highway Commission v. WestMississippi Supreme Court · 1938
  3. State Ex Rel. City of Miles v. Northern Pacific Railway Co.Montana Supreme Court · 1930
  4. City of Detroit v. Grand Trunk Railway of CanadaMichigan Supreme Court · 1910
  5. City of Big Rapids v. Big Rapids Furniture Manfg. Co.Michigan Supreme Court · 1920

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