Central Vermont Railroad v. Town of Royalton
Supreme Court of Vermont
Bill in Chancery. Heard on bill, answer and agreed statement, September Term, 1884, Franklin County, Royce, Chancellor. Decree pro forma, and without hearing, that the bill be dismissed. The bill set forth, in part: “That said highway, so to' be laid, would cross the said Vermont Central Railroad at grade, and, if allowed to be constructed across said railroad, would be a great injury to the same, and cause great peril and danger to the public.
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Bill in Chancery. Heard on bill, answer and agreed statement, September Term, 1884, Franklin County, Royce, Chancellor. Decree pro forma, and without hearing, that the bill be dismissed. The bill set forth, in part: “That said highway, so to' be laid, would cross the said Vermont Central Railroad at grade, and, if allowed to be constructed across said railroad, would be a great injury to the same, and cause great peril and danger to the public. “ And your petitioner further represents that the selectmen of Royalton have now commenced the construction of said highway, and propose to construct…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
The question whether under existing statutes a highway may be laid across a railroad and built at the same level, which is one of the questions in this case, has been twice argued in the General Term, and once at a regular term.
It is insisted, first, that there is no authority under our statutes to lay a highway across a railroad. The claim is that the legislature having granted to railroad companies the right to take land for their railroads, being for public use, the land thus taken cannot again be taken for other public use, without…
2Cases cited6 opinions
- City of Bridgeport v. New York & New Haven RailroadSupreme Court of Connecticut · 1869
- Matter of City of BuffaloNew York Court of Appeals · 1877
- The Albany Northern Railroad Company v. . BrownellNew York Court of Appeals · 1862
- Northern Central Railway Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
- Mayor of Atlanta v. Central Railroad & Banking Co.Supreme Court of Georgia · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- Illinois Central Railroad v. City of ChicagoIllinois Supreme Court · 1892
- Capobinco v. SamorakSupreme Court of Connecticut · 1925
- Joy v. Swanton Savings Bank & Trust Co.Supreme Court of Vermont · 1940
- Bagley v. CooperSupreme Court of Vermont · 1916
8 more not listed; retrieve them via the Exa API.