Dodge v. Stacy
Supreme Court of Vermont
* Action on the ease in two counts. The first count was for an obstruction of a private way; the second count, for an obstruction of a public highway ; both ways being the same piece, and situated in Burlington. Plea, the general issue, and trial by jury September Term, 1866 ; Pieiipoint, Ch. J., presiding.
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* Action on the ease in two counts. The first count was for an obstruction of a private way; the second count, for an obstruction of a public highway ; both ways being the same piece, and situated in Burlington. Plea, the general issue, and trial by jury September Term, 1866 ; Pieiipoint, Ch. J., presiding. The plaintiff conceded that the obstructions of the way in question, consisting of a barn and other buildings built thereon, entirely covering and obstructing the way, existed precisely as they were when the plaintiff bought the premises, and as they were when this suit was brought…
1Opinion of the Court
The opinion of the court was delivered by
WjxsON, J.
The bill of exceptions in this case presents several questions for review. The ñrst relates to the testimony of Mitchell. The statements of Thomas to Mitchell, as detailed in the exceptions, do not appear to have been confined to a right of way which Mitchell would acquire if he should purchase lot No. 6, or had acquired by such purchase, but they tended to show that the alley was to be kept open for the benefit of all persons who should desire to travel it. *563It seems clear that this testimony was admissible on the ground that it tended lo…
2Cases cited5 opinions
- Johnson v. LewisSupreme Court of Connecticut · 1839
- State v. TraskSupreme Court of Vermont · 1834
- Pillsbury v. MooreSupreme Judicial Court of Maine · 1857
- Morse v. RannoSupreme Court of Vermont · 1860
- Clark v. TaborSupreme Court of Vermont · 1856
3Cited by13 opinions
- Skouten v. WoodSupreme Court of Missouri · 1874
- Leahan v. CochranMassachusetts Supreme Judicial Court · 1901
- Barber v. BaileySupreme Court of Vermont · 1912
- Nielson v. SandbergUtah Supreme Court · 1943
- Donahue v. Windsor County M. Fire Ins.Supreme Court of Vermont · 1883
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