Central Vermont Railway, Inc. v. Hanley

This is a petition appealing to the Chittenden County Court from the action of the named defendant and two others as selectmen of the Town of Essex in laying out a public highway in that town which would cross plaintiff’s tracks at grade. There are two grounds for the appeal, the second of which is the only one in issue here and is as follows:

“That the said,selectmen had no jurisdiction or legal authority to lay out and establish a public highway across appellant’s tracks at grade without first haying obtained the approval of the Public Service Commission of Vermont.”

The plaintiff filed a…