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47 Mich. 575

Rundell v. Blakeslee

Michigan Supreme Court

Decided January 25, 1882

Michigan Supreme Court · decided 1882-01-25

<p> Jwy's finding in proceedings to lay out a prrimate way. </p> <p>In. proceedings to lay out a private way the jury must find that there is a necessity for it; it is not enough to certify that they “adjudge and determine that a private highway be established.”</p>

Relies on People ex rel. Ayres v. Richards

Decided 1882-01-25

Marston, J.

¶1This 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.

¶2The proceedings must be quashed.

The other Justices concurred.
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