Richardson v. Vermont Central Railroad
Supreme Court of Vermont
Action on the case, for damages caused to certain premises in Waterbury. The declaration contained two counts; but the plaintiffs, before the introduction of any testimony, abandoned the first count in the declaration, which the court below permitted them to do, though the defendants objected thereto.
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Action on the case, for damages caused to certain premises in Waterbury. The declaration contained two counts; but the plaintiffs, before the introduction of any testimony, abandoned the first count in the declaration, which the court below permitted them to do, though the defendants objected thereto. The second count in the declaration was as follows: “ Also, in a further plea of the case, for that whereas the said “ plaintiffs heretofore, to wit, on the 15th day of June, 1846, were “ seized and possessed of a dwelling house, barn, shed, and appur- “ tenances thereto belonging, situate in…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This is an action on the case, and two questions are involved in the decision, which we are called upon to make. The case comes up, upon exceptions to the charge of the court below, and also upon the decision of the court upon the motion in arrest, for the insufficiency of the declaration, but the questions are substantially the same.
The first question which we shall consider is, whether the plaintiffs are entitled to recover damages, by reason of the defendants’ having made their excavation, in building them railroad, on their own land, so…
2Cases cited1 opinion
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
3Cited by27 opinions
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
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