Legal Opinion

Abbott v. Mills

Supreme Court of Vermont

Decided January 15, 1831PublishedCited by 36 opinions

This was an action of trespass on tjie case, wherein the plaintiff complained, in several counts, of special damage and injury to his land and buildings, by reason of a nuisance upon the public common or highway in front of his said land and buildings, consisting of a printing office erected and continued by the defendants. Plea not guilty.

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This was an action of trespass on tjie case, wherein the plaintiff complained, in several counts, of special damage and injury to his land and buildings, by reason of a nuisance upon the public common or highway in front of his said land and buildings, consisting of a printing office erected and continued by the defendants. Plea not guilty. At the trial in the county court the .plaintiff introduced evidence showing, that for more than thirty years past the space of ground in the village of Burlington, called the Court House Square, had been left open, and universally known and called a public…

1Opinion of the Court

The opinion of the Court was delivered by

Williams, J.

The jury, under the direction of the court, have found thatjjje square or common in front of the plaintiff’s house has been dedicated to the public and set apart as a public common or highway ; that the defendants have erected the building thereon which, is complained of; that this building isa nuisance and injury to the lands and buildings of the plaintiff, and have assessed the damages which the plaintiff has sustained thereby. Objections were taken to the decision of the court in admitting some part of the testimony, and also to their…

2Cases cited1 opinion

  1. State v. WilkinsonSupreme Court of Vermont · 1829

3Cited by36 opinions

  1. Oswald v. GrenetTexas Supreme Court · 1858
  2. O'CONNOR v. GraggTexas Supreme Court · 1960
  3. Barstow v. StateCourt of Appeals of Texas · 1987
  4. East Atlanta Land Co. v. MowerSupreme Court of Georgia · 1912
  5. Owens v. HockettTexas Supreme Court · 1952

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