| Mich. | Jan 29, 1874
The point made in this case, that an attempt hr agree with the owner upon a purchase of the premises was a condition precedent to adverse proceedings, was ruled in Chicago &c. R. R. Co. v. Sanford, 23 Mich., 418" date_filed="1871-10-04" court="Mich." case_name="Chicago & Michigan Lake Shore Railroad v. Sanford">23 Mich., 418.
That it was essential the jury should pass upon the necessity for the taking was decided in Mansfield &c. R. R. Co. v. Clark, 23 Mich., 519" date_filed="1871-10-24" court="Mich." case_name="Mansfield, Coldwater & Lake Michigan Railroad v. Clark">23 Mich., 519; Grand Rapids &c. R. R. Co. v. Van Driele, 24 Mich., 409" date_filed="1872-04-05" court="Mich." case_name="Grand Rapids, Newaygo & Lake Shore Railroad v. Van Driele">24 Mich., 409 ; and McClary v. Hartwell, 25 Mich., 139" date_filed="1872-05-14" court="Mich." case_name="McClary v. Hartwell">25 Mich., 139.
On these two grounds the proceedings must be reversed* with costs.