Brainard v. Missisquoi R. R.
Supreme Court of Vermont
This case was heard on the report of commissioners appointed to appraise the damages plaintiff claimed to have sustained on account of defendant’s having taken his land for the use of its railroad. The commissioners reported as follows: The legislature of this state, at its October session, 1849, passed an act incorporating the St. Albans & Richford Plank Road Company.
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This case was heard on the report of commissioners appointed to appraise the damages plaintiff claimed to have sustained on account of defendant’s having taken his land for the use of its railroad. The commissioners reported as follows: The legislature of this state, at its October session, 1849, passed an act incorporating the St. Albans & Richford Plank Road Company. In pursuance of said act said company was duly organized, and the directors thereof duly located said road across plaintiff’s farm in Swanton on the 23d of June, 1851. Said company sequestered to ils use under its charter, by…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, Ch. J.
No question arises in this case as to the right of the defendant company, under its charter, to locate its railroad upon and over the plank road; nor as to the manner in which the defendant company exercised that right. By laying its road upon and over the plank road, the company took all the *114rights and interest that the plank road company had in and to the land and territory upon which said plank road was laid. The plaintiff claims that when the*railroad company located its road over the plank road, which crossed his premises, the…
2Cases cited1 opinion
- White River Turnpike Co. v. Vermont Central Rail RoadSupreme Court of Vermont · 1849
3Cited by9 opinions
- Preseault v. United StatesCourt of Appeals for the Federal Circuit · 1996
- Indiana, Bloomington & Western Railway Co. v. EberleIndiana Supreme Court · 1887
- Kennebec Water District v. City of WatervilleSupreme Judicial Court of Maine · 1902
- Kinealy v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1879
- Preseault v. United StatesUnited States Court of Claims · 1992
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