West v. Bancroft
Supreme Court of Vermont
Trespass qu. cl. Plea not guilty, with notice of special matter in justification, to the effect that the defendant was one of the trustees of the village of St. Johnsbury, elected under the provisions' of the act incorporating that village, approved November 23, 1852 ; that by that act the village were authorized to construct and maintain such aqueducts and reservoirs as they should judge best, and to lay out, alter, maintain, clean, improve and repair the streets therein ;…
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Trespass qu. cl. Plea not guilty, with notice of special matter in justification, to the effect that the defendant was one of the trustees of the village of St. Johnsbury, elected under the provisions' of the act incorporating that village, approved November 23, 1852 ; that by that act the village were authorized to construct and maintain such aqueducts and reservoirs as they should judge best, and to lay out, alter, maintain, clean, improve and repair the streets therein ; and that such cleaning, improvement and repairs were required by said act to be made by the trustees; that the close in…
1Opinion of the CourtPierpoint, J.
We think that in view of the evidence, and the admissions of the parties, as to the location of the highway in the village of St. Johnsbury, there can be no doubt that if the acts complained of in this case were done within four rods east of the western limit of the highway, as used for the last forty years, they were done within the highway, and that the charge of the court on that question was correct.
The only remaining question is as to the right of the public to put a reservoir, or cistern, into the earth, within the limits of the highway, for the purpose of retaining water to be used in…
2Cited by16 opinions
- Preseault v. United StatesCourt of Appeals for the Federal Circuit · 1996
- Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
- Ferrenbach v. TurnerSupreme Court of Missouri · 1885
- Warren v. City of Grand HavenMichigan Supreme Court · 1874
- Hodges v. Baltimore Union Passenger Railway Co.Court of Appeals of Maryland · 1882
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