Rundell v. Blakeslee

Michigan Supreme Court
Rundell v. Blakeslee, 47 Mich. 575 (Mich. 1882)
11 N.W. 392; 1882 Mich. LEXIS 703
Marston, Other

Rundell v. Blakeslee

Opinion of the Court

Marston, J.

This case comes before us on a writ of certiorari to review proceedings in laying out a private way. The jury certified that after viewing the premises and hearing the arguments of the parties interested, “We do adjudge, and deterinine that a private highway be established,” commencing, etc., and they assess the damages. There is no. finding of necessity, nor the equivalent thereof. Jurors, may be willing to establish a highway or private way and yet not be willing to find that any necessity therefor exists. Such a finding is however essential. Ayres v. Richards 38 Mich. 216.

The proceedings must be quashed.

The other Justices concurred.

Reference

Full Case Name
James O. Rundell v. Henry L. Blakeslee, highway com'r and Chester W. Hopkins, township clerk
Status
Published