Legal Opinion
Noble v. Delaware & Hudson Railway Co.
Supreme Court of Vermont
Decided November 2, 1982No. 536-81PublishedCited by 5 opinions
1Opinion of the CourtUnderwood, J.
This action relates to the upkeep of a fence along the common border of the plaintiff landowner’s property and the defendant railroad’s property. The obligation of railroad companies operating in Vermont to maintain good and sufficient fences along their rights of way has been a matter of statute for more than one hundred and thirty years, Davis v. Central Vermont Railway, 88 Vt. 460, 461, 92 A. 973, 973 (1915) (citing 1849, No. 41, § 44), and is now governed by 30 V.S.A. chs. 33 and 45. The authority to supervise disputes coming under these chapters was vested in the Public Service Board…
2Cases cited7 opinions
- Railway Express Agency, Inc. v. New YorkSupreme Court of the United States · 1949
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- State v. TierneySupreme Court of Vermont · 1980
- Lomberg v. CrowleySupreme Court of Vermont · 1980
- Pabst v. Commissioner of TaxesSupreme Court of Vermont · 1978
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3Cited by5 opinions
- In Re Village of Hardwick Electric DepartmentSupreme Court of Vermont · 1983
- Petition of Telesystems, Corp.Supreme Court of Vermont · 1983
- Allgeyer v. LincolnSupreme Court of New Hampshire · 1984
- Dykstra v. Property Valuation & Review DivisionSupreme Court of Vermont · 1991
- Thomas v. OldsSupreme Court of Vermont · 1988