Town of Hyde Park v. St. Johnsbury & Lake Champlain Railroad
Supreme Court of Vermont
Attempted Appeal to the Supreme Court for the County of Lamoille, by a landowner, from a final order, of the Public Service Commission eliminating grade crossings in the town of Hyde Park. Heard on motion to dismiss. The opinion states the case.
Read the full summary
Attempted Appeal to the Supreme Court for the County of Lamoille, by a landowner, from a final order, of the Public Service Commission eliminating grade crossings in the town of Hyde Park. Heard on motion to dismiss. The opinion states the case. This case has been once before in the Supreme Court, see 83 Vt. 562. Under the practice in the court of chancery, and here under P. S. 4600, the time limited for taking an appeal is fixed by a rule of court and not by the'statute; and, hence, for good cause shown, the Public Service Commission has the authority to take this case out of the rule and…
1Opinion of the CourtRowell, C. J.
This is an appeal from an order of the Public Service Commission made and promulgated June 14, 1910. The appeal is taken on the strength of leave granted by a majority of the Commission on November 29, 1910.
But the Commission had no authority to grant the leave, for both the right of appeal and the time and manner of exercising the right, are fixed and regulated by statute. Thus, the right of appeal is given by P. S. 4551, as amended by section 4, No. 108, Acts of 1908. The manner of appeal is regulated by P. S. 4600, and is, that the appeal shall be taken and entered in this Court in the…
2Cases cited2 opinions
- Smith v. BurtonSupreme Court of Vermont · 1895
- Greene v. McDonaldSupreme Court of Vermont · 1900
3Cited by6 opinions
- Essex Storage Electric Co. v. Victory Lumber Co.Supreme Court of Vermont · 1919
- In Re Robinson's WillSupreme Court of Vermont · 1929
- Alabama Public Service Commission v. McGillSupreme Court of Alabama · 1954
- Gove v. Gove's Admr.Supreme Court of Vermont · 1914
- G. Ittenbach Co. v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1932
1 more not listed; retrieve them via the Exa API.