Deerfield River Co. v. Wilmington Power & Paper Co.
Supreme Court of Vermont
Appeal in Chancery. Heard on bill and answer at the April Term, 1910, Windham County, Miles, Chancellor. Decree, pro forma, dismissing the bill. . The orator appealed. The opinion states the case. Section 4 of the defendant’s charter is objectionable in that it purports to give general authority for the taking of land under the right of eminent domain, regardless of how much, if any, is needed for the then public use.
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Appeal in Chancery. Heard on bill and answer at the April Term, 1910, Windham County, Miles, Chancellor. Decree, pro forma, dismissing the bill. . The orator appealed. The opinion states the case. Section 4 of the defendant’s charter is objectionable in that it purports to give general authority for the taking of land under the right of eminent domain, regardless of how much, if any, is needed for the then public use. It does not make the extent of the taking dependent upon the extent of the public use to which it is to be applied. A statute which permits land to be taken without reference to…
1Opinion of the CourtPowers, J.
This is an appeal from a pro forma decree of the court of chancery dismissing the bill. The orator seeks to enjoin the defendant from proceeding before commissioners who have been duly appointed by two judges of this Court under §4 of No. 318, Acts of 1908, to determine the necessity for the *551taking by the defendant of the right to flow certain lands of the orator and the right to erect and maintain a transmission line across the same, and the damages to be paid therefor. Both parties are corporations. The orator owns certain lands in Readsboro. The defendant, by the section of its charter…
2Cases cited11 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Fallsburg, &c. Co. v. AlexanderSupreme Court of Virginia · 1903
- Ryan v. Terminal Co.Tennessee Supreme Court · 1899
- Miller v. Town of PulaskiSupreme Court of Virginia · 1909
- Lake Koen Navigation, Reservoir & Irrigation Co. v. KleinSupreme Court of Kansas · 1901
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3Cited by5 opinions
- Grice v. Vermont Elec. Power Co., Inc.Supreme Court of Vermont · 2008
- Rutland Railway, Light & Power Co. v. Clarendon Power Co.Supreme Court of Vermont · 1912
- George v. Consolidated Lighting Co.Supreme Court of Vermont · 1914
- Frazier v. William H. Slack & Bro.Supreme Court of Vermont · 1911
- Grice v. Vermont Electric Power Company, Inc.Supreme Court of Vermont · 2008