Union Street Railway Co. v. Saginaw Circuit Judge
Michigan Supreme Court
Mandamus by the Union Street-Railway Company to compel Byron A. Snow, circuit judge of Saginaw county, to issue a preliminary injunction restraining the city of Saginaw from removing relator’s tracks from the streets. The relator either owns or leases the entire street-railroad system of the city of Saginaw, and is, and has been for several years, operating the same.
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Mandamus by the Union Street-Railway Company to compel Byron A. Snow, circuit judge of Saginaw county, to issue a preliminary injunction restraining the city of Saginaw from removing relator’s tracks from the streets. The relator either owns or leases the entire street-railroad system of the city of Saginaw, and is, and has been for several years, operating the same. The common council of the city, claiming to act under its charter and contract with the relator, was proceeding by the appropriate resolution to declare the relator’s franchise forfeited, and to take steps to enforce such…
1Opinion of the CourtGrant, J.
(after stating the facts). The facts are not in dispute. All the material facts alleged in the bill of complaint are admitted in the answer. The rights of the parties can therefore be determined upon bill and answer as effectually as could be done upon a hearing upon proofs.
The city and the relator entered into a mutual contract, evidenced by an ordinance, under which the relator obtained the right to lay its tracks upon and to use the *696streets under certain conditions. This contract is binding upon both parties, and, when either violates it, it must suffer the consequences agreed upon by. the…
2Cases cited7 opinions
- City of Detroit v. Detroit & Howell Plank Road Co.Michigan Supreme Court · 1880
- City of Belleville v. Citizens' Horse Railway Co.Illinois Supreme Court · 1894
- Flint & Fentonville Plank-road Co. v. WoodhullMichigan Supreme Court · 1872
- Pacific Railroad v. LeavenworthU.S. Circuit Court for the District of Kansas · 1871
- People ex rel. Wolcott v. Plainfield Avenue Gravel-Road Co.Michigan Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wheeling & Elm Grove R. R. v. Town of TriadelphiaWest Virginia Supreme Court · 1905
- Whiting v. Village of New BaltimoreMichigan Supreme Court · 1901
- Knickerbocker Trust Co. v. City of KalamazooU.S. Circuit Court for the District of Western Michigan · 1910
- Tacoma Railway & Power Co. v. City of TacomaWashington Supreme Court · 1914
- Union Street-Railway Co. v. City of SaginawMichigan Supreme Court · 1897
4 more not listed; retrieve them via the Exa API.