Grinley v. Town of Eau Galle

Appellants’ first contention is that the court did not instruct the jury adequately, and particularly, that the court erred in failing to charge (1) that under sec. 80.09, Stats., an oral agreement fixing or waiving damages for the construction of a highway over plaintiffs’ land is not binding where not reduced to writing, signed by the landowners and filed in the town clerk’s office, and (2) that the jury might take the value of the materials removed from the land into consideration in determining the damages.

The record does not disclose that such instructions were requested by the…