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WASHTENAW CTY. RD. COM'RS v. PUBLIC SERVICE COMM.

Dockets Nos. 40, 41, Calendar Nos. 47,169, 47,168.

349 Mich. 663 (1957)

85 N.W.2d 134

WASHTENAW COUNTY ROAD COMMISSIONERS v. PUBLIC SERVICE COMMISSION. NEW YORK CENTRAL RAILROAD COMPANY v. SAME.

Supreme Court of Michigan.

Rehearing denied November 26, 1957.

Attorney(s) appearing for the Case

Laird & Laird, for plaintiff county board of road commissioners.

Grey K. Nelson (G.H. Wyatt and J.I. Alspector, of counsel), for plaintiff railroad.

Thomas M. Kavanagh, Attorney General, Edmund E. Shepherd, Solicitor General, Robert A. Derengoski and John E. Tormey, Assistants Attorney General, for defendant.

EDWARDS, J.

These appeals concern the question of whether the Michigan public service commission has the power to order the railroads doing business in this State to install gates at dangerous railroad grade crossings and, if so, upon whom the costs must fall.

In 1873 the legislature passed the railroad incorporation act. Three sections of this act authorized the railroad commissioner of the State to order railroads to construct and operate railroad crossing...

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