Clark v. Vermont & Canada Railroad
Supreme Court of Vermont
Action on the case to recover for damages sustained by the plaintiff connected with the construction, by the defendants, of their railroad across the plaintiff’s farm. Plea, the general issue ; trial by jury, March Term, 1855, — Peck, J., presiding.
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Action on the case to recover for damages sustained by the plaintiff connected with the construction, by the defendants, of their railroad across the plaintiff’s farm. Plea, the general issue ; trial by jury, March Term, 1855, — Peck, J., presiding. It appeared on trial that the defendants located their road through the farm of the plaintiff, and commenced .work thereupon in October, 1849, and so far completed their road, that cars ran upon it in September, 1850i The dainages of the plaintiff in consequence of subh location were appraised by commissioners, and the appraisal was appealed from,…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
There are several grounds upon which the plaintiff seeks to recover beyond what was allowed him in the county court, and we will first consider that class of claims for damages, resting in the neglect or omission of the defendants, in not fencing their road.
• The case finds that the defendants located their road through the plaintiff’s farm, and commenced working in October, 1849, and that it was so far completed that they commenced running it in September, 1850; and that the defendants caused no fence to he built on their road until the…
2Cited by11 opinions
- Bibb's Adm'r v. N. & W. R. R.Supreme Court of Virginia · 1891
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BrownIndiana Supreme Court · 1912
- Springfield & Memphis Railway Co. v. HenrySupreme Court of Arkansas · 1884
- Eaton v. European & North American Railway Co.Supreme Judicial Court of Maine · 1871
- Silver v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1883
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