Detroit, Bay City & Western Railroad v. First National Bank
Michigan Supreme Court
Appeal from Sanilac Probate Court; Pearson, J. Condemnation proceedings by the Detroit, Bay City & Western Railroad Company against the First National Bank of Yale and others to acquire a right of way. From an order confirming the award of the jury, defendants appeal. These proceedings were instituted in the probate court of Sanilac county under chapter 107, 3 How. Stat. (2d Ed.) § 6596 to and including § 6601 (2 Comp.
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Appeal from Sanilac Probate Court; Pearson, J. Condemnation proceedings by the Detroit, Bay City & Western Railroad Company against the First National Bank of Yale and others to acquire a right of way. From an order confirming the award of the jury, defendants appeal. These proceedings were instituted in the probate court of Sanilac county under chapter 107, 3 How. Stat. (2d Ed.) § 6596 to and including § 6601 (2 Comp. Laws 1915, §§ 8252-8257), for the purpose of acquiring a right of way for the petitioner, which right of way crossed or intersected the'lands of the respondents. Prior to…
1Opinion of the CourtKuhn, C. J.
(after stating the facts). Upon the hearing before the jury it was claimed by petitioner’s counsel that the benefits should be taken into consideration in arriving at the compensation, and only such compensation should be allowed as the testimony showed the value of the several parcels were depreciated by the proposed improvements, and the respondents contended, and so argued before the jury, that no benefits, general or special, should be offset against *663the value of the land taken or against the damages to the remaining land. Regarding this contention, under the present state of the law in…
2Cases cited6 opinions
- Toledo, Ann Arbor & Grand Trunk Railway Co. v. DunlapMichigan Supreme Court · 1882
- Michigan Air Line Railway v. BarnesMichigan Supreme Court · 1880
- Township of Custer v. DawsonMichigan Supreme Court · 1914
- Falkner v. BeersMichigan Supreme Court · 1845
- Detroit Western Transit & Junction Railroad v. CraneMichigan Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Dohany v. RogersSupreme Court of the United States · 1930
- Fitzsimons & Galvin, Inc. v. RogersMichigan Supreme Court · 1928
- Sacramento & San Joaquin Drainage District v. TruslowCalifornia Court of Appeal · 1954
- Matter of the Petition of DillmanMichigan Supreme Court · 1936
- In re DillmanMichigan Supreme Court · 1936
5 more not listed; retrieve them via the Exa API.