The Mansfield, Coldwater & Lake Michigan Railroad Co. v. Clark

• Decision Date: 24 October 1871
• Citation: 23 Mich. 519
• Court: Michigan Supreme Court
• Parties: The Mansfield, Coldwater & Lake Michigan Railroad Company v. Orsamus B. Clark

23 Mich. 519

The Mansfield, Coldwater & Lake Michigan Railroad Company v. Orsamus B. Clark

Supreme Court of Michigan

October 24, 1871

Heard October 14, 1871 [Syllabus Material]

Appeal from Branch circuit.

This was a petition by the railroad company, against Orsamus B Clark, to acquire title to certain lands. The description of the premises, required to be taken, in said petition, is as follows, viz:

"That the following real estate and property in said county is required by your petitioner for the purpose of constructing and operating its said proposed road, to wit: That part of the first three lots lying on the north side of Railroad street, and next east of Division street, in the city of Coldwater, in said county of Branch, which is within one rod of the center line of said railroad, as surveyed, located and staked across the same, said center line entering the same on the east line of Division street, at a point which is one hundred and fifty-three feet northerly of the center of the Lake Shore & Michigan Southern railroad track, at a point where the east line of Division street crosses; thence south seventy-five degrees thirty-eight minutes east, four hundred and sixty and one-half feet to the north line of the said Lake Shore & Michigan Southern railroad company's right of way as now fenced, but the last two hundred and twenty-two and one-half feet mentioned is used and occupied as a public highway called Railroad street aforesaid, said strip of land containing eighteen one-hundredths of an acre excluding that part thereof used for Railroad street aforesaid, and belongs to Orsamus B. Clark, of the city of Coldwater aforesaid."

The report of the jury was as follows, viz:

"We the undersigned jury, struck and summoned under and by virtue of an order of said court, made the 12th day of August, A. D 1871, to ascertain and determine the necessity of said company's taking and using, for the purpose of constructing, operating and maintaining their railroad, the following described real estate and property, to wit: That part of the first three lots lying on the north side of Railroad street, and next east of Division street, in the city of Coldwater, in said county of Branch, which is within one rod of the center line of said railroad, as surveyed, located and staked across the same, said center line entering the same on the east line of Division street, at a point which is one hundred and fifty-three feet northerly of the center of the Lake Shore & Michigan Southern Railroad track at a point where the east line of Division street crosses; thence south seventy-five degrees thirty-eight minutes east, four hundred and sixty and one-half feet to the north line of the said Lake Shore & Michigan Southern Railroad's right of way as now fenced; but the last two hundred and twenty-two and one-half feet mentioned is used and occupied as a public highway called Railroad street aforesaid.

"The amount of land embraced in said description, and to which title is sought to be acquired is (excluding Railroad street), eighteen one-hundredth acres, said premises being owned by Orsamus B. Clark aforesaid, of Branch county, in the state of Michigan. The said Orsamus B. Clark also claimed before us to own that portion of said strip of land, two hundred and twenty-two and one-fourth feet in length, which is used and occupied as Railroad street aforesaid, and we have included in our award (below) the damages and compensation he is entitled to for the same being taken and used for the purpose aforesaid, and to ascertain and determine the damages and compensation to be allowed therefor, respectfully report:

"That we met at the time and place appointed therefor by the court and after having taken and subscribed the oath required by law, and all of the jury being present and acting together during the proceedings, and under charge of the officer appointed for that purpose, we viewed said real estate and property above described, and after hearing the allegations and proofs of the parties, and having taken and reduced the testimony to writing (minutes of which are hereto annexed), we deem that it is necessary that said real estate and property should be taken for the purposes of said company, and we do ascertain and determine the damages and compensation which ought justly to be made by said company, on account of such taking and use of the same for the purpose of constructing and operating their railroad, to the owners...