Gardens of Rest, Inc. v. Upper Michigan Power & Light Co.

Plaintiff cemetery company filed the bill of complaint in this case for an injunction to restrain defendant power company from constructing or maintaining a power line along the line of an old highway acróss lands claimed to be owned by plaintiff. Defendant claims an easement or franchise as upon a highway. Prom a decree dismissing the bill, plaintiff appeals.

Defendant power company has a power line along the westerly side of the old roadway in question and began surveying to establish an additional line, with high-tension wires, along the easterly side of the old roadway. Plaintiff claims…