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Dean v. Ann Arbor Street Railway Co.

Sedgwick Dean v. The Ann Arbor Street Railway Company

Dean v. Ann Arbor St. Ry. Co., 53 N.W. 396 (Mich. 1892)
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Court
Michigan Supreme Court · State Highest Courts
Decided
October 27, 1892
Judges
McG, Other, Rath
Citations
53 N.W. 39693 Mich. 3301892 Mich. LEXIS 987
Disposition
Decree dismissing bill affirmed.
Headnotes
Streets — Eleetrie railway — Servitude. The decree dismissing a bill to enjoin the construction of an electric street railway with overhead wires and poles in a public street in a city is affirmed, the case being ruled by City Railway v. Mills, 85 Mich. 634, and People v. Railway Co., 92 Id. 522, which must be regarded as the settled law of this State.
Summary
Appeal from Washtenaw. (Kinne, J.) Bill to restrain the construction of an electric street railway in a public street in the city of Ann Arbor. The facts are sufficiently stated in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — McGrath

Text extracted by OCR from a scanned original; check the original for exact wording.

McG-rath, O. J.

This is a bill filed to enjoin the con. struction of an electric street railway with overhead wires and poles in Packard street in the city of Ann Arbor. The street is 66 feet wide and the roadway 34 feet in width.

There is nothing in the record which distinguishes the present case from Detroit City Railway v. Mills, 85 Mich. 634 , and that case, with People v. Railway Co., 92 Id. 522, must be regarded as the settled law of this State.

Complainant Bafiensberger alleges special injury to her property, which is a corner lot, by reason of the lengthening of the curve from Main street into Packard, but her remedy is at law.

The decree of the court below, dismissing complainants’ bill, is therefore affirmed, with costs to defendant.

The other Justices concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1893: 11894: 11897: 11900: 21902: 11903: 11908: 218932026peak 1900 · 2

Relies on it most ⓘ

  1. Wyant v. Central Telephone Co.47 L.R.A. 497 (Mich. 1900)
  2. Austin v. Detroit, Ypsilanti & Ann Arbor Railway96 N.W. 35 (Mich. 1903)
  3. Peck v. Schenectady Railway Co.63 N.E. 357 (N.Y. 1902) · Dissent
  4. Detroit Citizens' St. Ry. Co. v. City of Detroit64 F. 628 (6th Cir. 1894)
  5. La Crosse City Railway Co. v. Higbee51 L.R.A. 923 (Wis. 1900)
  6. City of Detroit v. Detroit City Ry. Co.56 F. 867 (1893)

Most recent

  1. Donner v. Metropolitan Street Railway Co.113 S.W. 669 (Mo. Ct. App. 1908)
  2. Township of Ecorse v. Jackson, Ann Arbor & Detroit Railway117 N.W. 89 (Mich. 1908)
  3. Austin v. Detroit, Ypsilanti & Ann Arbor Railway96 N.W. 35 (Mich. 1903)
  4. Peck v. Schenectady Railway Co.63 N.E. 357 (N.Y. 1902) · Dissent
  5. La Crosse City Railway Co. v. Higbee51 L.R.A. 923 (Wis. 1900)
  6. Wyant v. Central Telephone Co.47 L.R.A. 497 (Mich. 1900)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Detroit City Ry. v. Mills, 48 N.W. 1007 (Mich. 1891) 56

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