Trout Brook Realty Co. v. Town of Featherstone

The appeal is from an order denying a new trial in a proceeding for the establishment of a public cartway, wherein appellant had appealed from the order of the town board establishing the road as petitioned for.

The petition was in due form and contained the requisite number of signers. In so far as the adequacy of damages awarded by the town board was sought to be raised by the appeal to the district court, appellant at the trial Avithdrew that issue. And the only questions now presented by the assignments of error center around these propositions: That certain excluded evidence would have…