Fairbanks v. Town of Rockingham
Supreme Court of Vermont
Appeal in Chanclry. Heard on the report of a special master and the defendant’s exception thereto, at the September Term, 1902, Windham County, Tyler, Chancellor. Defendant’s exception -overruled, and decree for certain of the orators for the damages caused by the change of grade in the highway in question in excess of three feet. The orators appealed. The defendant appealed on the question of the master’s jurisdiction.
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Appeal in Chanclry. Heard on the report of a special master and the defendant’s exception thereto, at the September Term, 1902, Windham County, Tyler, Chancellor. Defendant’s exception -overruled, and decree for certain of the orators for the damages caused by the change of grade in the highway in question in excess of three feet. The orators appealed. The defendant appealed on the question of the master’s jurisdiction. The jurisdiction of this Court was settled by the decision in this case as reported in 73 Vt. 124; and this decision will not be disturbed. Sherman v. Organ Co., 69 Vt. 355.…
1Opinion of the CourtHaselton, J.
This case has once before been in this Court, and the jurisdiction of the Court of Chancery, arising from special facts, was then determined. See this case, 73 Vt. 124, 50 Atl. 802.
The only question now before the Court is as to the construction of the phrase “such alteration” as used in V. S. 3358, relating to the grading of highways. That section and the preceding one read as follows:
“Sec. 3357. A selectman or road commissioner shall not alter a highway, by cutting down or raising the road-bed in front of a dwelling house or other building standing upon the line of said highway, more than…
2Cases cited6 opinions
- Baxter v. Winooski Turnpike Co.Supreme Court of Vermont · 1849
- Bigelow v. City CouncilMassachusetts Supreme Judicial Court · 1897
- Harrison v. Board of Supervisors of Milwaukee CountyWisconsin Supreme Court · 1881
- Felch v. GilmanSupreme Court of Vermont · 1849
- Penniman v. Town of St. JohnsburySupreme Court of Vermont · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Sanborn v. Village of Enosburg FallsSupreme Court of Vermont · 1914
- Collins v. City of BarreSupreme Court of Vermont · 1917
- Hoyt v. Village of North TroySupreme Court of Vermont · 1918