Kendall v. Missisquoi & Clyde River R. R.
Supreme Court of Vermont
Bill in Chancery. Heard on bill, answer, replication and testimony, February Term, 1882, Ross, Chancellor. Bill dismissed.
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Bill in Chancery. Heard on bill, answer, replication and testimony, February Term, 1882, Ross, Chancellor. Bill dismissed. The bill prayed: “ That the court may proceed to ascertain by the appointment of commissioners or a special master or masters or in whatever way the court may judge fit, the amount of the damage done said farm by the building of the railroad aforesaid, and to decree and enforce the same as an original and special lien on the road-bed of the-Miss. & Clyde Rivers Railroad, or that the land may be decreed to her, and the defendants enjoined from running across the same,” and…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
The defendants claim that the oratrix consented that the railroad should be built across her farm, and agreed to look to the company alone for her pay for land damages. We do not find this fact established by the evidence. She denied that she gave such consent, or was .asked to, or agreed to take pay in stock or authorized any other person to so agree, or knew of her husband so agreeing, or was ever paid any damages, or was offered any. It is shown upon uncontradicted testimony that she was away from home when the company took possession of…
2Cases cited2 opinions
- Porter v. Bank of RutlandSupreme Court of Vermont · 1847
- Bradley ex rel. Kellogg v. EmersonSupreme Court of Vermont · 1835
3Cited by11 opinions
- Organ v. Memphis & Little Rock RailroadSupreme Court of Arkansas · 1888
- Robinson v. Missisquoi R. R.Supreme Court of Vermont · 1887
- Kuhl v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1898
- Florida Southern Railroad v. HillSupreme Court of Florida · 1898
- St. Louis, Arkansas & Texas Railway Co. v. HendersonTexas Supreme Court · 1893
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