Powers v. State Highway Board

This appeal comes to us before final judgment pursuant to 12 V.S.A. §2386. The fact that such appeals may be taken only in the discretion of the court below serves to indicate that it is not every question of law which ought to pass to us in this manner. This case illustrates how important it is that the court below exercise its discretion before permitting an accelerated appeal of this nature. It is not in football alone that eagerness to move ahead can result in fruitless offside play.

The trial below never got beyond the pre-trial stage. The rulings presented to us for review were made at…