Backus v. Fort St Union Depot Co
Decision Date | 07 March 1898 |
Docket Number | No. 55,55 |
Citation | 42 L.Ed. 853,18 S.Ct. 445,169 U.S. 557 |
Parties | BACKUS et al. v. FORT ST. UNION DEPOT CO |
Court | U.S. Supreme Court |
The defendant in error is a cop oration created under the laws of the state of Michigan, for the purpose of constructing a union depot in the city of Detroit. In order to connect this depot with the railroads desiring to enter, it was necessary to place tracks on River street, and some of the way, at least, these tracks had to be elevated above the grade of the street. As a part of its enterprise the depot company undertook the work of constructing these tracks. The plaintiffs in error were the owners of a manufacturing plant. The individual plaintiff in error held the title in fee to the property, and the corporation plaintiff in error was his lessee. This manufacturing plant fronted on River street, and fronted on that part of it where the tracks were necessarily on a viaduct far above the surface. No part of the ground actually occupied by the plant was sought to be taken, but under the laws of Michigan the owner of a lot fronting on a street owns to the center of the highway, and is entitled to recover damages in case that street is appropriated to the use of a railroad. The third clause in section 4 of the union depot act (1 How. Ann. St. § 3461) provides specifically that the amount of these damages shall be ascertained in the same way as is provided in ordinary cases of condemnation.
The constitution of Michigan provides:
Article 15, § 9: 'The property of no person shall be taken by any corporation for public use without compensation being first made or secured, in such manner as may be prescribed by law.'
Article 18, § 2: 'When private property is taken for the use or benefit of the public, the necessity for using such property, and the just compensation to be made therefor, except when to be made by the state, shall be ascertained by a jury of twelve freeholders, residing in the vicinty of such property, or by not less than three commissioners, appointed by a court of record, as shall be prescribed by law.'
The Michigan union depot act was passed in 1881. It prescribes proceedings for the condemnation of private property, substantially similar to those in the Michigan general railroad law, first passed in 1855. Sections 9, 10, and 11 of the depot act, being sections 3466, 3467, and 3468 of 1 How. Ann. St., provide:
§ 3466—Sec. 9: * * *'
The proceedings were commenced in the usual form by a petition filed by the depot company, January 24, 1891, in the circuit court for the county of Wayne, in which county the city of Detroit is situate.
The plaintiffs in error (respondents below) demanded a jury. The first hearing commenced on February 25, 1891, and terminated on March 18, 1891, in a disagreement of the jury upon both issues, that of necessity, and that of compensation. A second hearing was had, commencing on June 10, 1891, and resulting on July 16, 1891, in a verdict in favor of the depot company on the question of public necessity, and assessing the damages of the respondents as follows: To Absalom Backus, Jr., as the owner of the fee, $17,850; to the corporation, A. Backus, Jr. & Sons, $78,293. At neither of these hearings was the judge of the circuit court present. Upon the motion of the depot company the circuit court vacated the award of damages, and ordered that a new jury be impaneled. Thereupon the respondents applied to the supreme court of the state for a writ of mandamus to compel the setting aside of this order. That court, on November 19, 1891, issued a peremptory writ of mandamus as prayed for. 89 Mich. 210, 50 N. W. 646. On November 30, 1891, the circuit court, in compliance with this writ, entered an order which, as amended, confirmed the verdict and award of the jury, and also provided as...
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