Respublica v. Caldwell
Cases that cite this one
5 later published cases cite this decision.
- People v. Detroit White Lead Works Corp. (Mich. 1890)
- Ballentine v. Webb (Mich. 1890)
- People v. Gold Run Ditch & Mining Co. (Cal. 1884)
- State v. Kaster (Iowa 1872)
- Tibbal v. Cahoon (Pa. 1840)
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
delivered the opinion of the court, that the evidence was inadmissible, for two reasons: First, Because it would only amount to matter of opinion, whereas, it is on facts the court must proceed ; and the necessary facts are already in proof. Secondly, Because it would be no justification ; for, on the same principle that the defendant might carry his wharf twelve feet, he could justify extending it farther ; or any other man might excuse a similar intrusion. Suppose, for instance, a street were 60 feet wide, 12 feet might be taken off it, without doing any material injury to the public property, or creating any great obstruction to passengers; yet surely this will not justify any man’s actually buildim» upon, and assuming the property of the twelve feet that could be tl’w spared.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.