Noble v. Delaware & Hudson Railway Co.

This action relates to the upkeep of a fence between the plaintiff landowner’s property and the defendant railroad’s right of way. The allocation of fencing responsibilities between property owners and various railroads has been a matter of statute for more than a hundred and twenty-five years. Davis v. Central Vermont Railway, 88 Vt. 460, 461, 92 A. 973 (1915) (citing 1849, No. 41, § 44). The supervisory authority formerly exercised by the public service board was transferred to the transportation board in 1975 by 3 V.S.A. § 3104(a) (3) (1975, No. 120, § 1), and, under that authority, this…