Stacey v. Vermont Central Railroad
Supreme Court of Vermont
Haik’oad company. Change in location of their road. When entitled to occupy, and when obliged to pay for land taken for their rail road. Debt upon an award by commissioners, of the damages sustained by the plaintiff on account of his land being taken by the defendants for the use of their railroad. Plea, the general issue and trial by jury, May Term, 1854,' — Poland, J., presiding. Upon the trial, the following facts appeared.
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Haik’oad company. Change in location of their road. When entitled to occupy, and when obliged to pay for land taken for their rail road. Debt upon an award by commissioners, of the damages sustained by the plaintiff on account of his land being taken by the defendants for the use of their railroad. Plea, the general issue and trial by jury, May Term, 1854,' — Poland, J., presiding. Upon the trial, the following facts appeared. After the organization of the Vermont Central Railroad Company, a survey and designation of the line or route of their road in the town of Burlington was made, and was…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
This action is brought to recover damages which were appraised by commissioners, for taking the plaintiff’s land for the use and construction of the Vermont Central railroad. The survey of the road was made on the 4th of June, 1847, and was *43recorded in the town clerk’s office, on the 5 th of August in the same year. The appraisal of damages by the commissioners was made on the 5th of January, 1849, and was recorded on the 6th of February, afterwards. No appeal having been taken within ninety days, as limited by the 8th section of the charter,…
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