State v. Town of Vernon
Supreme Court of Vermont
Indictment for the neglect of the town of Vernon, in not opening and making a highway, laid out and established by the County Court. Plea, not guilty, and the issue to the court.
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Indictment for the neglect of the town of Vernon, in not opening and making a highway, laid out and established by the County Court. Plea, not guilty, and the issue to the court. On trial, the laying out and establishing of the said highway, and the order for making and opening the same, was proved as alleged in the indictment. . The town then offered testimony, tending to prove that said highway was laid out along and near the east side of the Vermont & Massachusetts Railroad; and that in one place, where the depot grounds of the railroad extended more than ten rods from the track, the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The only question in the case is, whether the town, upon the trial, could avail themselves, before a traverse jury, upon a plea of not guilty, of the fact, that the road was laid out along the side of the Vermont and Massachusetts Railroad; and that the road, in places, is laid in part upon land taken by the railroad company for railroad purposes. We do not learn that any objections have come from the railroad company, or from any one in their behalf, against the laying the road, or against the town’s working it. The town was a party to the…
2Cited by3 opinions
- Baltimore & Ohio Southwestern Railway Co. v. Board of CommissionersIndiana Supreme Court · 1900
- Alexander v. City of MontpelierSupreme Court of Vermont · 1909
- Robinson v. WinchSupreme Court of Vermont · 1893