Legal Opinion

Essex Storage Electric Co. v. Victory Lumber Co.

Supreme Court of Vermont

Decided October 9, 1919PublishedCited by 41 opinions

Appeal from an order of the Public Service Commission Essex County. The opinion states the case. Where two parcels of land owned by the same owner are separated by land owned by another, they cannot be considered as one tract where the owner does not possess the right to cross the intervening land, notwithstanding a possible unity of use. 2 Nichols, Eminent Domain, 743; Pennsylvania Co. v. Pennsylvania, etc., B. Co., 151 Pa. 334, 25 Atl. 107; Schmidt v. City of Milwaukee,…

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Appeal from an order of the Public Service Commission Essex County. The opinion states the case. Where two parcels of land owned by the same owner are separated by land owned by another, they cannot be considered as one tract where the owner does not possess the right to cross the intervening land, notwithstanding a possible unity of use. 2 Nichols, Eminent Domain, 743; Pennsylvania Co. v. Pennsylvania, etc., B. Co., 151 Pa. 334, 25 Atl. 107; Schmidt v. City of Milwaukee, 149 Wis. 330, 135 N. W. 883; Cameron v. Chicago, etc., B. Co., 42 Minn. 75, 43 N. W. 785; Currie V. Waverly, etc., B. Co.,…

1Opinion of the CourtPowers, J.

This is a proceeding brought to the Public Service Commission pursuant to G. L. 4984, wherein the plaintiff seeks to condemn, for the creation of a storage reservoir, certain property of the defendant in the town of Yictory. Both parties appealed (or attempted to appeal) to this Court pursuant to G. L. 5038.

An appeal from the final order of the Public Service Com*443mission is to be taken and entered in this Court in the same manner as a chancery appeal. G-. L. 5038. The latter requires a written motion filed with the clerk within twenty days from the date of the decree appealed from. G-. L.…

2Cases cited34 opinions

  1. Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
  2. Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
  3. Kennebec Water District v. City of WatervilleSupreme Judicial Court of Maine · 1902
  4. Fadden v. McKinneySupreme Court of Vermont · 1914
  5. Potts v. Penn. S. V. R.Supreme Court of Pennsylvania · 1888

29 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. United States v. Honolulu Plantation Co. Honolulu Plantation Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1950
  2. Nelson Et Ux. v. State Highway BoardSupreme Court of Vermont · 1938
  3. Green Mountain Marble Co. v. State Highway BoardSupreme Court of Vermont · 1972
  4. Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931
  5. Childrens' Home, Inc. v. State Highway BoardSupreme Court of Vermont · 1965

36 more not listed; retrieve them via the Exa API.

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