Prince v. Town of Braintree
Supreme Court of Vermont
Petition to the County Court for the establishment of a highway. Heard upon the report of commissioners, and exceptions of the defendant thereto, at the June term, 1890, Rowell, J., presiding. The Court overruled the exceptions of the defendant to the report, established the highway in accordance with the report, and awarded Geo. J. Princes damages in the sum of $300. The defendant excepted to the judgment awarding damages to said Prince.
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Petition to the County Court for the establishment of a highway. Heard upon the report of commissioners, and exceptions of the defendant thereto, at the June term, 1890, Rowell, J., presiding. The Court overruled the exceptions of the defendant to the report, established the highway in accordance with the report, and awarded Geo. J. Princes damages in the sum of $300. The defendant excepted to the judgment awarding damages to said Prince. The report of the commissioners laid the highway substantially according to the prayer of the petition, and awarded land damages to the said Prince in the…
1Opinion of the Court
The opinion of the court was delivered by
TYLER, J.
If the benefits accruing to the town in consequeixce of taking the land of a private person for highway purposes furnished the rule of damages, the petitioner would be entitled to the $300 awarded him by the commissioners, inasmuch as the defendant town received the benefit of his expenses in building the road. But this is not the rule. When lands are so taken the owixer is entitled to recover such damages as he has sustained. The hearings and awards by selectmen and eommis*542sioners are in all cases upon the claims of the land owners for…
2Cases cited8 opinions
- Commonwealth v. Justices of the Court of SessionsMassachusetts Supreme Judicial Court · 1809
- West River Bridge Co. v. DixSupreme Court of Vermont · 1844
- Dalrymple v. Town of WhitinghamSupreme Court of Vermont · 1854
- Gray v. Middletown & PoultneySupreme Court of Vermont · 1884
- Livermore v. Town of JamaicaSupreme Court of Vermont · 1851
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3Cited by3 opinions
- Nelson Et Ux. v. State Highway BoardSupreme Court of Vermont · 1938
- Sanborn v. Village of Enosburg FallsSupreme Court of Vermont · 1914
- Cersosimo v. Town of TownshendSupreme Court of Vermont · 1981