Niedfeldt v. Evans

Following the trial and before the entry of judgment, the plaintiff had moved for a new trial, for the following, among other reasons: Because the court erred in refusing to allow the plaintiff to prove the existence of a new and satisfactory road leading across plaintiff’s farm to the defendant’s farm and giving defendant ingress and egress to and from his farm; because the court erred in refusing to give an instruction requested by plaintiff that an easement ceases when the reason for its existence ceases; and because the court erred in instructing the jury that the fact that gates were…