Township of Bangor v. Bay City Traction & Electric Co.
Michigan Supreme Court
Appeal from Bay; Collins, J. Bill by the township of Bangor and Andrew Carlson, highway commissioner, against the Bay City Traction & Electric Company to enjoin an encroachment upon a highway. From a decree dismissing the bill, complainants appeal.
1Opinion of the CourtHooker, J.
The defendant purchased a street railway constructed in a highway, within the township of Bangor, in Bay county. The, township files this bill alleging that the railway was built without the consent, and against the repeated protests, of the township authorities, and has *166been so maintained and operated ever since. It prays the removal of the road. A hearing was had upon the merits, on pleadings and proofs taken in open court, and the bill was dismissed upon the ground that the court of chancery has no jurisdiction in such a case, unless given by statute; that the only statute upon which…
2Cases cited5 opinions
- Bay State Brick Co. v. FosterMassachusetts Supreme Judicial Court · 1874
- Township of Merritt v. HarpMichigan Supreme Court · 1902
- City of Grand Rapids v. HughesMichigan Supreme Court · 1866
- Township of Lebanon v. BurchMichigan Supreme Court · 1889
- Township of Greenfield v. NortonMichigan Supreme Court · 1896
3Cited by7 opinions
- State Upon the Information of McKittrick v. Missouri Utilities Co.Supreme Court of Missouri · 1936
- City of Detroit v. Detroit United RailwayMichigan Supreme Court · 1912
- Holland Realty & Power Co. v. City of St. LouisSupreme Court of Missouri · 1920
- City of Sacramento v. Pacific Gas & Electric Co.California Supreme Court · 1916
- Town of Conway v. Atlantic Coast Line R.District Court, D. South Carolina · 1926
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