Hoyt v. Village of North Troy
Supreme Court of Vermont
Action op Tort, for raising a highway in front of plaintiffs ’ house more than three feet without first having the damages assessed according to law. Trial by jury at the September Term, 1917, Orleans County, Butler, J., presiding. At the close of plaintiffs’ evidence defendant moved for a directed verdict. Terdict directed for the defendant, and judgment thereon. The plaintiffs excepted. The opinion states the case.
1Opinion of the CourtPowers, J.
The plaintiffs seek to recover damages resulting from the action of the defendant in raising the grade of the *9street in front of their dwelling. The evidence tended to show that the defendant had, from time to time, filled in the street in question until in the aggregate it had been raised more than three feet, and that no proceedings for a hearing and assessment of damages had been had. But it was not shown that this highway had been raised more than three feet at any one time, or at various times pursuant to a definite plan. In these circumstances, no cause of action was established and a…
2Cases cited6 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- City of Kokomo v. MahanIndiana Supreme Court · 1885
- Smith v. City of Eau ClaireWisconsin Supreme Court · 1891
- Penniman v. Town of St. JohnsburySupreme Court of Vermont · 1881
- Collins v. City of BarreSupreme Court of Vermont · 1917
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3Cited by3 opinions
- O'GRADY v. City of MontpelierDistrict Court, D. Vermont · 1979
- O'Grady v. City of MontpelierCourt of Appeals for the Second Circuit · 1978
- O'grady v. City Of MontpelierCourt of Appeals for the Second Circuit · 1978