Legal Opinion

Kittell v. Missisquoi R. R.

Supreme Court of Vermont

Decided October 15, 1883PublishedCited by 17 opinions

[In Chancery.] Bill in chancery to recover land damages oí a railroad company. Heard on bill, answer, replication, and report oí a special master, September Term, 1882, Franklin County. Taft, Chancellor, ordered pro forma that the bill be dismissed.

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[In Chancery.] Bill in chancery to recover land damages oí a railroad company. Heard on bill, answer, replication, and report oí a special master, September Term, 1882, Franklin County. Taft, Chancellor, ordered pro forma that the bill be dismissed. The case was referred to Judge Powers, who reported substantially as follows : Í find from the undisputed facts in said cause that the said Missisquoi Railroad Company ivas a corporation duly chartered by the Legislature of this State with power to construct its railroad' from St. Albans to Ricliford, in the County of Franklin, and to take lands…

1Opinion of the Court

The opinion of the court was delivered by

Taft, J.

I. The first question made is whether the witnesses, Royce and Smith, were competent. In making the contract with the intestate they acted as agents of the railroad company, and the plaintiffs claim that as Kittell is dead the agents of the company who made the contract with him should be excluded as witnesses by force of R. L. ss. 1002-3. Those sections apply to parties only, and do not exclude a mere agent or officer through whom a party negotiates. Poquet v. North Hero, 44 Vt. 91; Cheney v. Pierce, 38 Vt. 515.

II. The railroad company entered…

2Cases cited5 opinions

  1. McAulay v. Western Vermont RailroadSupreme Court of Vermont · 1860
  2. Kendall v. Missisquoi & Clyde River R. R.Supreme Court of Vermont · 1882
  3. Cheney v. PierceSupreme Court of Vermont · 1866
  4. Knapp v. McAuleySupreme Court of Vermont · 1867
  5. Poquet v. Town of North HeroSupreme Court of Vermont · 1871

3Cited by17 opinions

  1. Gurnsey v. Northern California Power Co.California Supreme Court · 1911
  2. Organ v. Memphis & Little Rock RailroadSupreme Court of Arkansas · 1888
  3. Robinson v. Missisquoi R. R.Supreme Court of Vermont · 1887
  4. Chicago, Burlington & Quincy Railroad v. EnglehartNebraska Supreme Court · 1899
  5. Florida Southern Railroad v. HillSupreme Court of Florida · 1898

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