Legal Opinion

City of Flint v. Grand Trunk Western Railway Co.

Michigan Supreme Court

Decided October 6, 1919No. Docket No. 51PublishedCited by 1 opinion

Appeal from Genesee; Brennan, J. Bill by the city of Flint against the Grand. Trunk Western Railway Company to enjoin the laying of certain tracks. Defendant filed a cross-bill, claiming affirmative relief. From the decree rendered, defendant appeals.

1Opinion of the CourtMoore, J.

The trial judge stated so clearly the issues involved in this proceeding in a written opinion filed by him, that we quote from it freely as follows:

“From the concessions made in open court by counsel for the respective parties, and the testimony of witnesses produced upon the hearing, I find the material facts to be substantially as stated in plaintiff’s amended bill of complaint, except that I am unable *215to find that there has been such use made by the public of the streets known as Cherry and Willow streets for a distance of 165 feet crossed by the lines and tracks of the defendant railway…

2Cases cited2 opinions

  1. City of Mason v. Lansing & Jackson Railway Co.Michigan Supreme Court · 1909
  2. Highway Commissioner v. Wabash RailroadMichigan Supreme Court · 1907

3Cited by1 opinion

  1. Wisher v. Pere Marquette Railway Co.Michigan Supreme Court · 1926

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