Averill v. Vermont Valley Railroad
Supreme Court of Vermont
Appeal in Chancery, Windham County. Heard at Chambers on December 26, 1913, on orator’s demurrer to defendant’s cross-bill. Demurrer sustained, cross-bill adjudged insufficient and dismissed with costs to orator. Defendant appealed.
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Appeal in Chancery, Windham County. Heard at Chambers on December 26, 1913, on orator’s demurrer to defendant’s cross-bill. Demurrer sustained, cross-bill adjudged insufficient and dismissed with costs to orator. Defendant appealed. The orator’s bill alleges that he is now and for many years has been the owner of a certain piece or parcel of land in Brattleboro, described and bounded as follows: “On the north by a street' called Harris Place; on the east by the west line of the defendant’s railroad location, which line is easterly of a cement retaining wall; on the south by land of Francis…
1Opinion of the CourtAVatson, J.
The orator’s brief states as the particular ground urged by him against the propriety of the cross-bill. *298that this suit in equity was brought for the sole purpose of aiding the suits at law by injunction, pending their determination.
The prayer of the original bill is for the specific relief by way of a temporary injunction restraining the defendant from committing further trespasses and depredations upon the orator’s property until the suits at law are tried and determined, and thereafter, if those suits be decided in his favor, that the temporary injunction be made permanent; and for general…
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