Detroit Citizens' Street Railway Co. v. Detroit Railway
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. The plaintiff in error is a street railway company of the State of Michigan, organized for the purpose of owning and operating lines in the city of Detroit, and is the successor in interest of a similar corporation named the Detroit City Railway.
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ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. The plaintiff in error is a street railway company of the State of Michigan, organized for the purpose of owning and operating lines in the city of Detroit, and is the successor in interest of a similar corporation named the Detroit City Railway. The rights asserted by it arise from an ordinance of the common council of that city passed upon November 24, 1862. This provided that the Detroit City Railway was “exclusively authorized to construct and operate railways as herein provided, on and through” (certain specified streets) “and through…
1Opinion of the CourtJustice McKenna
The controversy turns primarily upon the power of the city of Detroit over its streets, whether original under the constitution of the State, and hence as extensive as it would be in the legislature, or whether not original but conferred by the legislature, and hence limited by the terms of the delegation.
The first proposition is asserted by the plaintiff in error; the second proposition by the defendants in error.
■The provisions of the constitution which are pertinent to the case are as follows;
“ The State shall not be a party to dr interested in' any work of internal improvement, nor…
2Cases cited7 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Painter v. PainterOhio Supreme Court · 1849
- Minturn v. LarueSupreme Court of the United States · 1860
- Wright v. NagleSupreme Court of the United States · 1880
- Long v. City of DuluthSupreme Court of Minnesota · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
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- Freeport Water Co. v. Freeport CitySupreme Court of the United States · 1901
- Los Angeles v. Los Angeles City Water Co.Supreme Court of the United States · 1900
- All Around Underground, Inc. v. Washington State PatrolWashington Supreme Court · 2002
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