Legal Opinion

LaFarrier v. Hardy

Supreme Court of Vermont

Decided January 15, 1894PublishedCited by 9 opinions

Trespass quare clausum. Plea, the general issue. Trial by jury at the September term, 1892, Chittenden county, Rowell, J., présiding. The jury returned a special verdict upon which the court gave judgment for the defendants. The plaintiff excepts. The defendants must show affirmatively that the statutes relative to the taking of land for highways had been complied with. Kidder v. yennison, 21 Vt. 108; R. L., s. 2927. The selectmen had authority to re-survey this street.

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Trespass quare clausum. Plea, the general issue. Trial by jury at the September term, 1892, Chittenden county, Rowell, J., présiding. The jury returned a special verdict upon which the court gave judgment for the defendants. The plaintiff excepts. The defendants must show affirmatively that the statutes relative to the taking of land for highways had been complied with. Kidder v. yennison, 21 Vt. 108; R. L., s. 2927. The selectmen had authority to re-survey this street. R. L., s. 2920; Trudeau v. Sheldon, 62 Vt. 198. It will be presumed that a proper petition was made to the selectmen.…

1Opinion of the CourtTyler, J.

The controversy was in relation to a strip oí land six feet wide, situated on the east side of West street, in the village of Winooski, in Colchester, and claimed by the plaintiff as a part of his house lot. The defendants had removed the plaintiff’s fence, claiming that the strip of land was within the limits of the survey of the street. The plaintiff insisted that it was east of the survey.

By Act No. 178, Laws of 1886, incorporating the village of Winooski, substantially the same powers were conferred upon the trustees in respect to the highways of the village as selectmen possess as to…

2Cases cited3 opinions

  1. Adams v. Trustees, &c., of Town of ClarksburgWest Virginia Supreme Court · 1883
  2. Kidder v. JennisonSupreme Court of Vermont · 1849
  3. Brock v. Town of BarnetSupreme Court of Vermont · 1884

3Cited by9 opinions

  1. Barber v. VintonSupreme Court of Vermont · 1909
  2. Lynch v. Town of RutlandSupreme Court of Vermont · 1894
  3. Whitcomb v. Town of SpringfieldSupreme Court of Vermont · 1963
  4. George v. Consolidated Lighting Co.Supreme Court of Vermont · 1914
  5. Wheeler v. Town of St. JohnsburySupreme Court of Vermont · 1913

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