Michigan Supreme Court, 1882

Rundell v. Blakeslee

Rundell v. Blakeslee
Michigan Supreme Court · Decided January 25, 1882 · Marston, Other
47 Mich. 575; 11 N.W. 392; 1882 Mich. LEXIS 703

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.

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