Barber v. Saginaw Union Street Railway
Barber v. Saginaw Union Street Railway
Opinion of the Court
The facts in this case differ from those in Potter v. Street Ry., ante, 285 in this: The lot owned by Mrs. Barber is located at the north-easterly corner of Washington and Jefferson streets. The defendant's track is laid along Jefferson street, and, as it approaches Washington street from a westerly direction, it curves to the south, and proceeds along Washington street.
Upon the hearing in the court beloAv, the following decree was entered, viz.:
“It appearing to the court that, since the order was made in this cause for the issue of the preliminary writ of injunction, the post, pole, metallic rope, and wire described in the bill of complaint in said cause, erected by the defendant for operating its cars and street railroad by means of electricity, in front of the complainant’s premises, described as 'lot 1, in block 28, north of Cass street, in the city of SaginaAv,’ in said bill of complaint, have been removed, as directed in said order: It is ordered, adjudged, and decreed that the said defendant be, and it is hereby, perpetually enjoined and restrained from at any time hereafter erecting, Avithin the street limits on and in front of the complainant’s* said premises on Washington street, in said city, any poles, posts, or wires, for operating its cars or railroad by means of electricity, without the complainant’s consent therefor first obtained.
*301 “It is further ordered, adjudged, and decreed that the complainant recover of the defendant her costs of this suit to be taxed as heretofore ordered; that the defendant pay such costs to the complainant; and that she have execution therefor out of and under the seal of said court.”
This decree afforded the complainant all the relief she was entitled to, and the decree appealed from by her is affirmed, with the costs of this Court, against the complainant.
Reference
- Full Case Name
- Sarah C. Barber v. The Saginaw Union Street Railway
- Status
- Published