Delaware & Hudson Railway Co. v. Central Vermont Public Service Corp.

On Reargument

Barney, C.J.

This opinion is the result of a hearing on re-argument, after an entry of dismissal on original hearing. The original entry was in error in any event because it failed to deal with certain moneys admittedly due and owing from the defendant to the plaintiff. The other basis for reargument comes about because the entry of dismissal was based on a particular statute dealing with electric company rights to use railroad rights of way which had not been considered in the proceedings below, or argued before this Court. The reargu ment centered upon the meaning of this…