Nelson v. Vermont & Canada Railroad
Supreme Court of Vermont
Trespass on the case, for running upon - and killing plaintiff’s cow, alleged to have happened by the neglect and refusal of the defendants to erect a fence upon the side of their road, as by their act of incorporation they were bound to do, and to build upon the land of said plaintiff sufficient cattle-guards." Plea, not guilty, and trial by jury. The facts, pertaining to the questions passed upon and decided, sufficiently appear in the opinion of the court.
Read the full summary
Trespass on the case, for running upon - and killing plaintiff’s cow, alleged to have happened by the neglect and refusal of the defendants to erect a fence upon the side of their road, as by their act of incorporation they were bound to do, and to build upon the land of said plaintiff sufficient cattle-guards." Plea, not guilty, and trial by jury. The facts, pertaining to the questions passed upon and decided, sufficiently appear in the opinion of the court. I. The act of 1845, incorporating the Vermont & Canada Railroad Company, was a contract between the state and the corporation. (1.)…
1Opinion of the Court
The opinion of the court was delivered by
Redjteld, Ch. J.
A question of importance, and often of considerable difficulty, is made in this case; whether, and to what extent, it is competent for the legislature, by general laws, to impose upon railroads new and additional burdens not contained in their charters, after they have gone into operation. The charter of this company requires them, in general terms, to fence their road upon both sides where a fence may be requisite for the owners or occupants of the adjacent places, and to make suitable and safe farm-crossings. The general railroad act…
2Cited by44 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
- East Line & Red River Railway Co. v. CulbersonTexas Supreme Court · 1888
- Pennsylvania Co. v. EllettIllinois Supreme Court · 1890
- Sabre v. Rutland RailroadSupreme Court of Vermont · 1913
39 more not listed; retrieve them via the Exa API.