Legal Opinion

Red Star Motor Drivers' Ass'n v. City of Detroit

Michigan Supreme Court

Decided April 14, 1926No. Docket No. 26PublishedCited by 13 opinions

1Opinion of the Court

I am not persuaded that the ordinance before us is invalid or that plaintiffs' constitutional rights asserted against it have been invaded by its provisions here assailed. I am, therefore, constrained to dissent from the opinion written by Mr. Justice McDONALD. It must be accepted as settled by Melconian v. City of GrandRapids, 218 Mich. 397, that plaintiffs are common carriers for hire and that cities may prohibit the use of their streets by them for the conduct of a business for gain. It was there said:

"The plaintiffs, however, as common carriers have no right to such use for private gain…

2Cases cited28 opinions

  1. Packard v. BantonSupreme Court of the United States · 1924
  2. Ex parte DickeyWest Virginia Supreme Court · 1915
  3. Commonwealth v. KingsburyMassachusetts Supreme Judicial Court · 1908
  4. Huston v. City of Des MoinesSupreme Court of Iowa · 1916
  5. In Re CardinalCalifornia Supreme Court · 1915

23 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. 1426 Woodward Avenue Corp. v. WolffMichigan Supreme Court · 1945
  2. United States v. Jonathan Howell Husband R. (Roach)Court of Appeals for the Fifth Circuit · 1971
  3. City of Dearborn v. Sugden & Sivier, Inc.Michigan Supreme Court · 1955
  4. Red Star Motor Drivers' Ass'n v. City of DetroitMichigan Supreme Court · 1928
  5. Highway Motorbus Co. v. City of LansingMichigan Supreme Court · 1927

8 more not listed; retrieve them via the Exa API.

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