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