Rutland Railroad v. Chaffee
Supreme Court of Vermont
Ejectment. Trial by court at the March term, 1898, Rutland county, Start, J., presiding. On the facts found judgment was rendered for the plaintiff for the seizin and possession of the premises, and $100 damages and costs.
Read the full summary
Ejectment. Trial by court at the March term, 1898, Rutland county, Start, J., presiding. On the facts found judgment was rendered for the plaintiff for the seizin and possession of the premises, and $100 damages and costs. The defendants excepted. - The court found that the road was surveyed and located, and the survey certified and recorded in the proper offices, and that the road was constructed and had been ever since operated, and that commissioners were appointed who appraised and awarded the land damages, although some of the damages, as it is stated in the opinion, were never paid.
1Opinion of the CourtTaft, J.
Four objections are made to the action of the county court.(1) It is claimed that ejectment will not lie to recover an easement, as held in Judd v. Leonard, 1 D. Chip. 204.
This is no doubt true in regard to an easement pure and simple, like the right to cross another’s land, to draw water from one’s spring, etc. In such case, the one entitled to exercise the right has no title to the land, nor spring, and no right to exclusive possession of it. He can exercise his easement only, and for any obstruction therein he cannot maintain ejectment. The right of the plaintiff to the land in question is…
2Cases cited19 opinions
- Jackson v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
- McAulay v. Western Vermont RailroadSupreme Court of Vermont · 1860
- Robinson v. Missisquoi R. R.Supreme Court of Vermont · 1887
- Troy v. PotterSupreme Court of Vermont · 1869
- Hill v. Western Vermont RailroadSupreme Court of Vermont · 1859
14 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Drouin v. Boston & Maine R. R.Supreme Court of Vermont · 1902
- Sowles v. ButlerSupreme Court of Vermont · 1899
- Preseault v. United StatesUnited States Court of Claims · 1992
- J. Paul Preseault v. United StatesCourt of Appeals for the Federal Circuit · 1996
- Delaware & Hudson Co. v. Rutland RailroadSupreme Court of Vermont · 1922
1 more not listed; retrieve them via the Exa API.