57 Mich. 42 | Mich. | 1885
This is an appeal from the probate court of Shiawassee county, in proceedings taken by plaiutifE to
In the case referred to above, the petition, instead of describing the several parcels of lands, described the government subdivisions across which the line of the road was laid, as surveyed and located by the railroad company, reference being had to the map and survey. thereof on file in the county register’s office. It also stated with precision the starting point, which this petition does not do, and thence gave the survey by course and distance to the point of departure from the lands, and located such point. The following is the description contained in the petition before us in this case : “ A strip or parcel of land one hundred feet in width, commencing on the east line of the west half of the
This infirmity extends throughout the whole proceedings. In the reports of the jury no definite description of the land taken from each owner is given, but simply a parcel of land 100 feet wide, lying 50 feet on each side of the center line of the Toledo, Ann Arbor & Northern Michigan Eailroad, as located and established as shown by its map and survey, and staked out on said land, commencing on the east line of the southwest quarter of ,section 22, township 8 N., range 1 E., in said county, and running thence north 59 deg., west across said southwest quarter. The survey and map are not made a part of the report, and there is nothing to show whether the survey contains any data whereby the line can be found.
The foregoing is the description of Charles G. Munson’s land, and that relating to Ithiel L. Munson is equally indefinite. But aside from this, the report of the jury and the ■order confirming the same cannot be supported. The jury, in awarding compensation to Charles G. Munson, did not do •so on a money basis, but awarded that the damage and compensation which ought justly to be made by said railroad company to the owners or parties interested in said real estate, as well for the value of the same as for the damages resulting from such taking, is the sum of $125, and the construction of a wagon bridge across the cut in the most convenient place for said Charles G. Munson. This they had no authority to do without the assent and agreement of both parties. They could neither bind the company to construct a wagon