Drouin v. Boston & Maine R. R.
Supreme Court of Vermont
Appeal in Chancery. Heard on a special master’s report and defendant’s exceptions thereto at the December Term, 1901, Caledonia County, Munson, Chancellor, presiding. Decree dismissing the bill. The orator appealed. The condemnation proceedings in July 1856 were without lawful authority. The charter of the Conn. & Pass. Rivers The line of the road was located in 1846, but in 1854 the company fixed upon a new survey or location.
Read the full summary
Appeal in Chancery. Heard on a special master’s report and defendant’s exceptions thereto at the December Term, 1901, Caledonia County, Munson, Chancellor, presiding. Decree dismissing the bill. The orator appealed. The condemnation proceedings in July 1856 were without lawful authority. The charter of the Conn. & Pass. Rivers The line of the road was located in 1846, but in 1854 the company fixed upon a new survey or location. It is on this location that the orator bases his rights, and it is upon this location, apparently, that the condemnation proceedings of 1836 were based. Such…
1Opinion of the CourtStart, J.
The orator asks for a decree removing an alleged cloud from the title to the land in dispute. The defendants claim title by virtue of the charter of the Connecticut and Passumpsic Rivers Railroad Company, the locating survey, ■dated May 8, 1854, the condemnation of the land for a right of way for its railroad, July 3, 1856, the payment of the award •of the commissioners to Soloman Andrews and J. P. Bancroft, the then owners of the land, and from, the construction and operation of a railroad over the land condemned. The orator ■claims title under a deed from Andrews and Bancroft to John…
2Cases cited18 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Penn Mutual Life Insurance v. HeissIllinois Supreme Court · 1892
- Eldridge v. SmithSupreme Court of Vermont · 1861
- Hill v. Western Vermont RailroadSupreme Court of Vermont · 1859
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Boston & Albany Railroad v. ReardonMassachusetts Supreme Judicial Court · 1917
- State v. AuclairSupreme Court of Vermont · 1939
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- Beaufort Lumber Co. v. PriceSupreme Court of North Carolina · 1907
- Seaboard Air Line Railway Co. v. Board of Bond Trustees of Special Road & Bridge District No. 1Supreme Court of Florida · 1926
8 more not listed; retrieve them via the Exa API.