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The Motor Line Enjoined

The Motor Line Enjoined image
Parent Issue
Public Domain
OCR Text

Yesterday Judge Kinne granted a decree making the decree of the supreme court in the case of Nichols vs. the Ann Arbor and Ypsilanti road the decree of the circuit court. The concluding words of the decree are as follows: "It is ordered, adjudged and decreed that the said defendant, its agents, servants, employés and assigns be and they are hereby perpetually enjoined from operating said railway over and along complainants said land over said railroad where now constructed and in the manner now constructed and from running theron cars along and over said railroad in front of complainant's premises, described as said, and it is further, ordered, adjudged and decreed that an injunction issue in this cause in accordance with said decree of said supreme court and that the complainants be and are hereby authorized to take such further action in this cause in this court as may be necescary and appropriate in order to enforce said decree." The decree of the supreme court mentioned as the basis of the circuit court decree is that made at Lansing on July 27 last, and the reasons for granting the decpee are thus stated by the court. "It appearing to this court that the line of said defendant's said railroad is along the side of the highway across the lands of the said complainants and within two or three feet of the fence upon coraplainant's side of the highway and is built and constructed as an ordinary commercial road with ties and "T" rails, and that the place along saiu highway were so built and the manner of it such that complainants are not permitted that free use "í-th' .ng'ress5 to their lands to which they are entitled; and that the place where built and mode of construction across complainant's land is an injury to their property rights in said highway." An injunction was issued this morning and will be served to-day. There is considerable dispute as to the exact meaning of the decree. The counsel for the Nichols state that the motor line will not run twenty minutes past the Nichol's land after the injunction is served, or if it does, contempt proceedings will at once be commenced and vigorously pushed. The counsel for the motor line makes light of the decree and claims everything will go on as before. To a man up the tree, however, it looks as if the Packard street electric line would be extended to the present city limits. Uut in the meantime some legal fighting may be anticipated.


Ann Arbor Argus
Old News