Town of Duxbury v. Vermont Central Railroad
Supreme Court of Vermont
This was an action on the case against the defendants. Plea, the general issue and trial by the court. It appeared on trial, that one Joel Battey had recovered against the plaintiffs for damages sustained upon a new road, built by the defendants, in lieu of an old road taken by the defendants for the track of their railroad. The defendants were notified of the-suit of Battey, but declined interfering.
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This was an action on the case against the defendants. Plea, the general issue and trial by the court. It appeared on trial, that one Joel Battey had recovered against the plaintiffs for damages sustained upon a new road, built by the defendants, in lieu of an old road taken by the defendants for the track of their railroad. The defendants were notified of the-suit of Battey, but declined interfering. The plaintiffs claimed the amount of' the judgment recovered against them by said Battey, and the costs and expenses of said suit. The County Court, September Term, 1853, — Poland, J.,…
1Opinion of the Court
The opinion of the court was delivered by
Rbdeield, Ch. J.
The only question made, in the present case, is, whether the plaintiffs, can recover the costs and expenses of the former suit in this case. The case of Newbury v. The Conn. & Pass. R. Railroad Co., decided in Orange county, by this court, some three years since, and not yet reported, was almost identical with the present, and the question was then made and decided, that the plaintiffs were entitled to recover the costs and expenses of the former suit. The question was not made in that case, in regard to litigation, upon grounds…
2Cases cited2 opinions
- Pitkin v. LeavittSupreme Court of Vermont · 1841
- Wynn v. BrookeSupreme Court of Pennsylvania · 1835
3Cited by8 opinions
- Digregorio v. Champlain Valley Fruit Co.Supreme Court of Vermont · 1969
- Bardwell Motor Inn, Inc. v. AccavalloSupreme Court of Vermont · 1977
- Town of Waterbury v. Waterbury Traction Co.Supreme Court of Connecticut · 1901
- Inhabitants of Veazie v. Penobscot RailroadSupreme Judicial Court of Maine · 1860
- International State Bank v. Trinidad Bean & Elevator Co.Supreme Court of Colorado · 1926
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