State v. Vermont Central Railroad
Supreme Court of Vermont
Liability of railroad corporations for nuisances. Their rights in crossing highways. Indictment. Indictment, which after setting forth the existence of a public and open highway in the village of Winooski, in the town of Colchester, alleged that the respondent, “heretofore, to wit, on the first “ day of January, 1850, with force and arms at Colchester, in said “ Chittenden county, unlawfully and injuriously did erect and build “ and cause to be erected and built, at and…
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Liability of railroad corporations for nuisances. Their rights in crossing highways. Indictment. Indictment, which after setting forth the existence of a public and open highway in the village of Winooski, in the town of Colchester, alleged that the respondent, “heretofore, to wit, on the first “ day of January, 1850, with force and arms at Colchester, in said “ Chittenden county, unlawfully and injuriously did erect and build “ and cause to be erected and built, at and adjacent to the railroad “ crossing on said highway in Colchester aforesaid, in and upon “ said public highway, two certain…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
This is an indictment against the defendants for a nuisance, in obstructing a public highway, by building and and maintaining their depots within its limits, and by “ unlawfully and injuriously suffering their engines and cars, and also horses, carts, wagons, &c, to remain in said highway, a great and unreasonable length of time.” The following questions are made by defendants.
I. That a railroad corporation are not liable to indictment because them agents and officers have erected and maintained a common nuisance; but that the only…
2Cited by9 opinions
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- State v. B. & O. R. R.West Virginia Supreme Court · 1879
- City of Moundsville v. Ohio R. R.West Virginia Supreme Court · 1892
- Lefebvre's Admr. v. Central Vermont Railway Co.Supreme Court of Vermont · 1924
- Bangor, Oldtown & Milford Railroad v. SmithSupreme Judicial Court of Maine · 1859
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