Toledo, Ann Arbor & North Michigan Railway Co. v. Detroit, Lansing & Northern Railroad

This bill was filed January 6, 1886, to prevent the defendant railroad from interfering with a crossing which complainant had just made under defendant’s road near Howell, in Livingston county. The alleged ground of complaint was that complainant had procured a condemnation of the right of way, and had obtained peaceable possession, and that complainant’s road was in full operation, and that defendant threatened to fill up the cut, and thus prevent further use of it.

The defense was, in substance, that there had been no valid condemnation, and no compliance with the law respecting such…