In re Laying Out of a Certain Town Highway in the Town of Ballston

Crapser, J. (dissenting).

The proceeding was commenced by the service on the appellants of notice of a hearing to be held on May 4, 1936, on the question of the necessity of the proposed highway, attached to which notice was a copy of an application, verified February 27, 1936, by one James B. White, to the town superintendent of highways of the town of Ballston, offering to dedicate the necessary lands for the proposed highway and petitioning that it be laid out as a town highway.

*872Hearings were held before the town board, which were adjourned from time to time, and testimony was taken. At the…