In re Avoca Soil Improvement Co.

The petitioner is a corporation owing land on a town highway in the town of Austerlitz, Columbia county. The president of the petitioner resides and for many years has resided on this highway. The petitioner sets forth that the town superintendent of highways has failed and refused to repair this highway, and to remove therefrom obstructions and defects which make it impassable, or practically so, in violation of the duty which the statute casts upon him as such officer. The highway in question is a connecting road extending from one point to another point on a State highway.

The respondent…