Fort Street Union Depot Co. v. Peninsular Stove Co.
Cases that cite this one
4 later published cases cite this decision.
- Metropolitan Development & Housing Agency v. Hill (Tenn. Ct. App. 1974)
- Mt. Shasta Power Corp. v. Dennis (Cal. Ct. App. 1924)
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Hayes (Ind. Ct. App. 1905)
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Nowlin (Ind. 1904)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This is a proceeding for condemnation of lands. The trial in the court below occurred after the trial in the case of Fort Street Union Depot Co. v. Backus, 92 Mich. 33, and before the decision of that case by this Court. The same line of testimony was introduced, and the same contentions of counsel made, in this case, as were held in that case to have tended unreasonably to swell the verdict of the jury, and that decision must be held controlling.
It is strenuously insisted that the depot company has lost its right to appeal by having made payment of the award, and having occupied the land condemned pending the appeal. This question was likewise considered in the case of Fort Street Union Depot Co. v. Backus, and ruled
It follows that the order should be reversed, and a new trial ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.