Dee v. King
Supreme Court of Vermont
Bier in chancery to have the defendant enjoined from interfering with the orator’s use and enjoyment of a claimed right of way over the defendant’s land. At the September Term, 1900, Franklin County, Stafford, Chancellor, the cause was considered upon pleadings and a master’s report, and thereupon it was ordered, adjudged and decreed that the bill be dismissed. The orator appealed.
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Bier in chancery to have the defendant enjoined from interfering with the orator’s use and enjoyment of a claimed right of way over the defendant’s land. At the September Term, 1900, Franklin County, Stafford, Chancellor, the cause was considered upon pleadings and a master’s report, and thereupon it was ordered, adjudged and decreed that the bill be dismissed. The orator appealed. The master’s report recited that certain facts were found upon evidence objected to by the orator as inadmissible, and set out the grounds of objection made. No exceptions to the report were filed.
1Opinion of the CourtMunson, J.
The orator’s buildings are at the southwest corner of his farm, which is at the intersection of roads leading to Milton and Fairfax respectively. The farm extends easterly from the Milton road about one mile, nearly a third of it being beyond the railroad. For some distance from the south-west corner the farm is bounded on the south by the Fairfax road, but beyond this it is separated from the road by land of one Fairbanks, except where the Fairbanks land is intersected by a small piece owned by the defendant, which ex-' *377tends from the highway at the railroad crossing to that part of the…
2Cases cited2 opinions
- Tracy v. AthertonSupreme Court of Vermont · 1863
- Willey v. ThwingSupreme Court of Vermont · 1896
3Cited by21 opinions
- Gaines v. LunsfordSupreme Court of Georgia · 1904
- Tallarico v. BrettSupreme Court of Vermont · 1979
- Dee v. KingSupreme Court of Vermont · 1905
- United States v. RindgeDistrict Court, S.D. California · 1913
- Berge v. StateSupreme Court of Vermont · 2006
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