Bauman v. Campau
Michigan Supreme Court
Appeal from Wayne. (Jennison, J.) Bill to compel opening of highway. Defendant Campau appeals. The exercise of legislative power cannot create a wrong in the eye of the law: Detroit v. Beckman 31 Mich. 125; McCutcheon v. Homer 43 Mich. 483; Burford v. Grand Rapids 53 Mich. 98; nor can a failure in political duty give a right of action: Henkel v. Detroit 49 Mich. 249; see Smith v. Boston 7 Cush. 254; Heller v. Rcuilroad Co. 28 Kan. 625; Chicago v. U. Building Ass'n 102 111.…
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Appeal from Wayne. (Jennison, J.) Bill to compel opening of highway. Defendant Campau appeals. The exercise of legislative power cannot create a wrong in the eye of the law: Detroit v. Beckman 31 Mich. 125; McCutcheon v. Homer 43 Mich. 483; Burford v. Grand Rapids 53 Mich. 98; nor can a failure in political duty give a right of action: Henkel v. Detroit 49 Mich. 249; see Smith v. Boston 7 Cush. 254; Heller v. Rcuilroad Co. 28 Kan. 625; Chicago v. U. Building Ass'n 102 111. 379; Coster v. Mayor of Albany 43 N. Y. 414; Fritz v.-Hobson 19 Am. L. Keg. (N. S.) 615.
1Opinion of the CourtCampbell, J.
Complainants, Bauman, Kush, Ilerzog and Mylius, owners of property on Preston street, which is an east and west street in Detroit, fifty feet wide, filed this bill to compel the city of Detroit to open what they claim to be a portion of said street about seventy-five feet long, lying between McDougall avenue, which is a north and south eighty feet wide street, and Gratiot avenue which runs north-easterly. Campan and the other defendants own the freehold, the former absolutely, and the others as his lessees. The lessees occupy the land in question as part of their planing-mill premises, and…
2Cases cited1 opinion
- Paul v. City of DetroitMichigan Supreme Court · 1875
3Cited by5 opinions
- Kimball v. HomanMichigan Supreme Court · 1889
- Wolgamood v. Village of ConstantineMichigan Supreme Court · 1942
- Schmolt v. NagelMichigan Supreme Court · 1908
- Johnson v. Fred L. Kircher Co.Michigan Supreme Court · 1950
- City Smoked Fish Co. v. Department of AgricultureMichigan Court of Appeals · 1973