Town of Clarendon v. Rutland Railroad
Supreme Court of Vermont
Assumpsit under V. S. 3846. Plea, the general issue. Trial by jury at the September Term, 1901, Rutland County, Start, J., presiding. Defendant’s motion for a verdict overruled. Judgment, pro forma, for the plaintiff, on special findings by the jury. The defendant excepted. A highway surveyor cannot accept a dedication on behalf of the town, without directions from the selectmen.
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Assumpsit under V. S. 3846. Plea, the general issue. Trial by jury at the September Term, 1901, Rutland County, Start, J., presiding. Defendant’s motion for a verdict overruled. Judgment, pro forma, for the plaintiff, on special findings by the jury. The defendant excepted. A highway surveyor cannot accept a dedication on behalf of the town, without directions from the selectmen. Hyde v. Jamaica, 27 Yt. 443; Folsom v. Underhill, 36 Vt. 580. Use of a road for public travel with knowledge on the part of the selectmen will not amount to an acceptance. Bailey v. F airfield,Br ay t. 128; Hyde v.…
1Opinion of the CourtTyler, J.
Assumpsit, under V. S. 3846, to recover the amount expended by the plaintiff in building a bridge upon an alleged highway that extends across the defendant’s railroad in said town.
The defendant, in the year 1848, under a charter granted by the legislature in the year 1843 to the Champlain and Connecticut Railroad Co., to whose franchises it succeeded, by condemnation proceedings acquired a right of way five rods wide, running in a northerly and southerly direction through the town, crossing the farm of Enoch Smith, and built its railroad upon it. On the east side of the five rods was a main…
2Cases cited12 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Chicago, Burlington, & Quincy Railroad v. IowaSupreme Court of the United States · 1877
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Sabre v. Rutland RailroadSupreme Court of Vermont · 1913
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
- County of Alameda v. Southern Pacific Co.California Supreme Court · 1961
- City of Chicago v. Pittsburg, Cincinnati, Chicago & St. Louis RailroadAppellate Court of Illinois · 1909
4 more not listed; retrieve them via the Exa API.