Sargent v. George
Supreme Court of Vermont
[In Chancery.] Bill praying for an injunction to restrain the defendant from building a wall and obstructing the orator’s carriage-road. Heard on bill, answer, and the report of a special master, December Term, 1882, Bowers, Chancellor. Decree pro forma for the orator.
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[In Chancery.] Bill praying for an injunction to restrain the defendant from building a wall and obstructing the orator’s carriage-road. Heard on bill, answer, and the report of a special master, December Term, 1882, Bowers, Chancellor. Decree pro forma for the orator. The master found, iii part: “It appears that on the 27th day of May, A. D. 1879, the orator purchased about one acre of land in South Ryegate village, of one Robert Arthur and Abbie Jane Arthur, and took their warranty deed therefor of that date, with a reservation therein of ‘a right of way across the southwest corner of above…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
I. It is unnecessary to construe the deeds referred to in this case. Whatever construction is given them, the bill must be dismissed.
II. A person who suffers special damage from the erection and maintenance of a public nuisance is entitled to relief in his own right; but it must appear that the injury is distinct from that suffered by the general public. It is not certain whether that point is established in favor of the orator.
III. If the fact of special damage is shown, fully established by the proof, there is one reason why the orator must…
2Cases cited1 opinion
- Bigelow v. Hartford Bridge Co.Supreme Court of Connecticut · 1842
3Cited by7 opinions
- Hazen v. PerkinsSupreme Court of Vermont · 1918
- Willett v. Village of St. AlbansSupreme Court of Vermont · 1897
- Purdy v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1891
- Borton v. MangusSupreme Court of Kansas · 1915
- State v. CraySupreme Court of Vermont · 1911
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