Wead v. St. Johnsbury & Lake Champlain Rd.
Supreme Court of Vermont
Bill in chancery to recover the damages occasioned the orator’s property by the construction and maintenance of the defendant’s railroad. Heard upon the report of a special master and exceptions of the defendant thereto at the September term, 1893, Franklin county. Ross, chancellor, overruled the exceptions and decreed for the orator in accordance with the findings of the report. The defendant appeals.
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Bill in chancery to recover the damages occasioned the orator’s property by the construction and maintenance of the defendant’s railroad. Heard upon the report of a special master and exceptions of the defendant thereto at the September term, 1893, Franklin county. Ross, chancellor, overruled the exceptions and decreed for the orator in accordance with the findings of the report. The defendant appeals. This case was originally before the supreme court at the general term, 1891, and the elements of damages were then determined, the case being remanded to the court of chancery for the…
1Opinion of the CourtTaft, J.
The questions arise upon seven exceptions to the master’s report.
The master permitted witnesses to testify and give their opinions upon the questions of damages sustained by the orator. The defendant insists that such testimony was incompetent. It appears from the report that no objection was made by the defendant to the introduction of such evidence until after the testimony had been heard. The master states that no formal objection was made to the tesimony at the time it was offered. We do not understand that any objection was made until the defendant claimed, after the *425testimony had been…
2Cases cited1 opinion
- Laurent v. VaughnSupreme Court of Vermont · 1858
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