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GRAND TRUNK WESTERN RY. v. SOUTH BEND

No. 81.

227 U.S. 544 (1913)

GRAND TRUNK WESTERN RAILWAY COMPANY v. CITY OF SOUTH BEND.

Supreme Court of United States.

Decided February 24, 1913.

Attorney(s) appearing for the Case

Mr. George W. Kretzinger, Jr., and Mr. A.B. Browne, with whom Mr. George W. Kretzinger was on the brief, for plaintiff in error.

Mr. Harry R. Wair, with whom Mr. Iden S. Romig and Mr. Louis T. Michener were on the brief, for defendants in error.

MR. JUSTICE LAMAR, after making the foregoing statement, delivered the opinion of the court.

In 1868 the City Council of South Bend, by ordinance, granted plaintiff's predecessor in title the right to lay a double track over a part of Division street. The Company built a single track in 1871 and a double track for part of the way in 1881, but, on attempting in 1902 to extend it, for the balance of the authorized distance...

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