State Ex Rel. Erchinger v. Gilliam

This action was brought for the purpose of acquiring by condemnation a private way of necessity. At the opening of the trial, the parties stipulated that, instead of having commissioners appointed .to view the premises for the purpose of determining whether there was a necessity for the establishment of the right of way, as provided in Rem. Comp. Stat., § 6752, the court should make the view. At the conclusion of the trial, and before rendering a decision, the trial court viewed the premises, and thereafter found that no reasonable necessity existed for a private way of necessity. For the…