Adams v. St. Johnsbury & Lake Champlain R. R.
Supreme Court of Vermont
Bill in Chancery. Heard on bill, answer, traverse, master's report, and exceptions thereto, September Term, 1883, Franklin County.
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Bill in Chancery. Heard on bill, answer, traverse, master's report, and exceptions thereto, September Term, 1883, Franklin County. Royce, Chancellor, decreed that the defendants be perpetually enjoined from operating their railroads and running trains over the lands owned by the orators mentioned in the bill, unless they pay to the clerk of the court for the benefit of the orators the sum of $1,463.05, with interest from August 10, 1883, and the sum of $200 with interest from the date of the decree, and costs, on or before June 1, 1884. The bill was brought at the April Term, 1882, to recover…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
This case has been twice argued. The right of the orators to a decree, upon the facts reported, is established by recent cases in this court. Kendall and Wife v. M. &. C. R. R. R. Co. 55 Vt. 438; Kittell v. Missisquoi R. R. R. Co. 56 Vt. 96. Those cases stand on the principle, that when land is taken for public use, the owner has a lien upon it for its “ equivalent in money” (art. 2, ch. 1, Constitution of Vermont), which a court of equity will enforce, unless the owner has done that which in law precludes him from asking its enforcement,
We…
2Cases cited8 opinions
- Eldridge v. SmithSupreme Court of Vermont · 1861
- Kittell v. Missisquoi R. R.Supreme Court of Vermont · 1883
- Kendall v. Missisquoi & Clyde River R. R.Supreme Court of Vermont · 1882
- Hagar v. BrainerdSupreme Court of Vermont · 1872
- Pfeifer v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1864
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3Cited by11 opinions
- Organ v. Memphis & Little Rock RailroadSupreme Court of Arkansas · 1888
- Penn Mutual Life Insurance v. HeissIllinois Supreme Court · 1892
- Florida Southern Railroad v. HillSupreme Court of Florida · 1898
- St. Louis, Arkansas & Texas Railway Co. v. HendersonTexas Supreme Court · 1893
- Southern Railway Co. v. GreggSupreme Court of Virginia · 1903
6 more not listed; retrieve them via the Exa API.