Rundell v. Blakeslee
Rundell v. Blakeslee
47 Mich. 575; 11 N.W. 392; 1882 Mich. LEXIS 703
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.