Michigan Supreme Court, 1892

Dean v. Ann Arbor Street Railway Co.

Dean v. Ann Arbor Street Railway Co.
Michigan Supreme Court · Decided October 27, 1892 · McG, Other, Rath
93 Mich. 330; 53 N.W. 396; 1892 Mich. LEXIS 987

Dean v. Ann Arbor Street Railway Co.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.