White River Turnpike Co. v. Vermont Central Rail Road
Supreme Court of Vermont
[In Chancery;] Appeal from the court of chancery. The allegations in the bill and answer and the facts proved are fully stated in the opinion delivered by the court.. The court of chancery dismissed the bill ; from which decree the orators appealed. 1. The defendants had no legal right to lay their road over or in any way interfere with the plaintiffs’ road.
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[In Chancery;] Appeal from the court of chancery. The allegations in the bill and answer and the facts proved are fully stated in the opinion delivered by the court.. The court of chancery dismissed the bill ; from which decree the orators appealed. 1. The defendants had no legal right to lay their road over or in any way interfere with the plaintiffs’ road. The state had granted the right for the turnpike, without reserve; and the legislature had no constitutional power to revoke, or resume, the rights and privileges granted to the plaintiffs. It was a contract, .upon good and sufficient…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
This was an appeal from the court of chancery. The bill, which was filed in 1846, states, that the plaintiffs were incorporated by the legislature of this state in the year IS00 and authorized to lay out and make a turnpike road from the mouth of White River to the second branch of that river; that the corporation was duly organized, and built the road, and have ever since kept it in good repair, and have rightfully, in conformity to their charter, kept *593gates upon it, and received tolls from travellers over it, and that no person, or…
2Cases cited4 opinions
- Enfield Toll Bridge Co v. Hartford & New-Haven Rail-RoadSupreme Court of Connecticut · 1846
- Armington v. Towns of BarnetSupreme Court of Vermont · 1843
- West River Bridge Co. v. DixSupreme Court of Vermont · 1844
- Clason v. ClasonNew York Court of Chancery · 1837
3Cited by22 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Kennebec Water District v. City of WatervilleSupreme Judicial Court of Maine · 1902
- Sawyer v. Rutland & Burlington RailroadSupreme Court of Vermont · 1855
- Eastern Railroad v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1872
- Toledo, Ann Arbor & North Michigan Railway Co. v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1886
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