Grand Rapids, Newaygo & Lake Shore Railroad v. Van Driele
This text of 24 Mich. 409 (Grand Rapids, Newaygo & Lake Shore Railroad v. Van Driele) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
held that a petition to acquire title to lands for railroad purposes should allege that the taking was necessary for the public use; and that the finding of the jury “'that it was and is necessary to take and use said land for the purpose of operating and constructing said railroad by said company,” is not such a finding of the necessity for taking said property for the public use, either in form or substance, as is required by the constitution.— Article XVBII., § 2. See Mansfield, Coldwater & Lake Mich. R. R. Co. v. Clark, 23 Mich., 519.
The proceedings must bo reversed with costs.
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Cite This Page — Counsel Stack
24 Mich. 409, 1872 Mich. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grand-rapids-newaygo-lake-shore-railroad-v-van-driele-mich-1872.