
    James O. Rundell v. Henry L. Blakeslee, highway com’r and Chester W. Hopkins, township clerk.
    
      Jwy's finding in proceedings to lay out a prrimate way.
    
    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.”
    Certiorari.
    Submitted Jan. 17.
    Decided Jan. 25.
    
      Jerome W. Turner for plaintiff in certiorari.
    
      Hcmchett c& Stcurh for defendants in certiorari.
   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.  