Legal Opinion

Sabin v. Vermont Central Railroad

Supreme Court of Vermont

Decided March 15, 1853PublishedCited by 20 opinions

Trespass quare clausum fregit. Plea, the general issue, and; trial by the court. The plaintiff, on trial, offered evidence tending to prove that the* defendants, by one Sewall F. Belknap, who had contracted to-construct their railroad, commenced about the first day of March,,. 1846, blasting a rock in the line of the said road, and which if was necessary to blast out, in order to construct their road over it, and continued blasting said rock until it was sufficiently got…

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Trespass quare clausum fregit. Plea, the general issue, and; trial by the court. The plaintiff, on trial, offered evidence tending to prove that the* defendants, by one Sewall F. Belknap, who had contracted to-construct their railroad, commenced about the first day of March,,. 1846, blasting a rock in the line of the said road, and which if was necessary to blast out, in order to construct their road over it, and continued blasting said rock until it was sufficiently got out,\ which was about the first day of January, 1847; that in doing: said blasting, the stones were thrown by the blasts…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

Perhaps the only question of any difficulty in this case, is that in regard to the jurisdiction of the commissioners appointed to estimate land damages under the defendants’ charter, in respect to the appraisal of consequential damages to land not taken. It will be noticed that the words of the act are of very great extension, in regard to the appraisal of consequential damages to all owners of land or real estate, any portion of which is taken; which is the plaintiff’s case.

The owner .is to have appraised to him all damages which he…

2Cases cited1 opinion

  1. Vermont Central Rail Road v. BaxterSupreme Court of Vermont · 1850

3Cited by20 opinions

  1. Watts v. Norfolk & W. R.West Virginia Supreme Court · 1894
  2. Denver City Irrigation & Water Co. v. MiddaughSupreme Court of Colorado · 1889
  3. Norfolk & Western R. v. CarterSupreme Court of Virginia · 1895
  4. Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
  5. Mayor of Birmingham v. McCarySupreme Court of Alabama · 1887

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