Hooker v. Montpelier & White River Railroad
Supreme Court of Vermont
This was a proceeding for the assessment of damages occasioned by the taking of the plaintiff’s land for railroad purposes by the defendant. The case was heard on the report of commissioners at the September Term, Washington County, 1888, Rowell, J., presiding. Judgment for the larger sum mentioned in the report. Exceptions by the defendant.
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This was a proceeding for the assessment of damages occasioned by the taking of the plaintiff’s land for railroad purposes by the defendant. The case was heard on the report of commissioners at the September Term, Washington County, 1888, Rowell, J., presiding. Judgment for the larger sum mentioned in the report. Exceptions by the defendant. The commissioners reported that the land was within the limits of the village of Barre; was available for building lots, and held by the plaintiff for that purpose; but that he bought the premises in 1871 for a farm, and had never used them for any other…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
This is a statutory proceeding for the ascertainment and recovery of damages occasioned by the taking of a part of the plaintiff’s promises for the railroad of the defendant, in the nature of a session proceeding, brought to this court on exceptions under the provisions of Act No. 90 of the laws of 1882, to be determined as though heard upon a petition for certiorari. Upon such a petition only questions affecting the essential rights of the parties will be considered. On these principles the only contention is whether the commissioners, in…
2Cited by9 opinions
- City of Los Angeles v. HughesCalifornia Supreme Court · 1927
- Nelson Et Ux. v. State Highway BoardSupreme Court of Vermont · 1938
- St. Louis, Iron Mountain & Southern Railway Co. v. Theodore Maxfield Co.Supreme Court of Arkansas · 1910
- Chicago, Kansas & Nebraska Railway Co. v. DavidsonSupreme Court of Kansas · 1892
- Miles Block Co v. Barre & Chelsea RailroadSupreme Court of Vermont · 1923
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