Hatch v. Vermont Central Railroad
Supreme Court of Vermont
Action on the case to récover damages sustained by the plaintiff in consequence of the construction by the defendants of their railroad. Plea, the general issue; trial by jury, November Term, 1855,- — Pierpoint, J., presiding.
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Action on the case to récover damages sustained by the plaintiff in consequence of the construction by the defendants of their railroad. Plea, the general issue; trial by jury, November Term, 1855,- — Pierpoint, J., presiding. On the trial the plaintiff introduced evidence tending to prove that, at the time of the injury complained of, he was the owner, and in the occupancy of a large and valuable building at the corner of Main and Water streets, in Burlington, in which he carried on a large bakery and grocery; and that said building and grounds were of the value of seven thousand dollars;…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
We think the court below were right in limiting the plaintiff to the line of the highway. The case, it is true, shows that the plaintiff’s store was built upon the line of the highway, and that he had been in the possession of the premises for more than twenty years; but no title deeds were put into the case, and we cannot presume, as matter of law, in the absence of proof, that the *147plaintiff’s title went'beyond bis, actual possession. Although the case shows that the highway, contiguous to the plaintiff’s store, was used by him and by his…
2Cited by5 opinions
- Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
- Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- Mann v. Central Vermont RailroadSupreme Court of Vermont · 1883
- Pilgrim Plywood Corp. v. MelendySupreme Court of Vermont · 1938