George v. Consolidated Lighting Co.
Supreme Court of Vermont
Petition for a writ of prohibition, brought to the Supreme Court for Washington County at its November Term, 1913, and then heard on petitionee’s motion to dismiss. The opinion states the ease. The question of necessity, in the exercise of the power of eminent domain, is not one of a judicial character. Miss. &• Rum River Boom Co., v. Patterson, 98 U. S. 402; Z7. S. v. Jones, 109 U. S. 513; Cherokee Nation v. So. Kan.
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Petition for a writ of prohibition, brought to the Supreme Court for Washington County at its November Term, 1913, and then heard on petitionee’s motion to dismiss. The opinion states the ease. The question of necessity, in the exercise of the power of eminent domain, is not one of a judicial character. Miss. &• Rum River Boom Co., v. Patterson, 98 U. S. 402; Z7. S. v. Jones, 109 U. S. 513; Cherokee Nation v. So. Kan. Ky., 135 U. S. 641; Backus v. Port Street Union Depot, 169 U. S. 558; Cramer v. R. R. Co., 5 Ohio St. 140; City of St. Paul v. Nickol, 42 Minn. 262; Virginia Rxicker R. R. Co.…
1Opinion of the CourtHaselton, J.
This is a petition for a writ of prohibition to stop proceedings pending before the Public Service Commission. Such proceedings were for the taking, in the exercise of the power of eminent domain, of lands of this petitioner, Jennie George, for the purpose of the construction of a transmission line by the erection of poles and the stringing of wires. The proceedings were brought by the defendant, the Consolidated Lighting Company, before the Public Service Commission of this State under §13 of No. 116 of the Laws of 1908. The defendants, other than the Lighting Company, make up the Public…
2Cases cited36 opinions
- United States v. JonesSupreme Court of the United States · 1883
- Rodgers v. United StatesSupreme Court of the United States · 1902
- Baltimore and Susquehanna Railroad Co. v. NesbitSupreme Court of the United States · 1851
- Board of Water Commissioners v. JohnsonSupreme Court of Connecticut · 1912
- Sabre v. Rutland RailroadSupreme Court of Vermont · 1913
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3Cited by8 opinions
- State v. LanzaSupreme Court of New Jersey · 1958
- Commonwealth Ex Rel. Kelley v. CantrellSupreme Court of Pennsylvania · 1937
- Auclair v. VERMONT ELECTRIC POWER COMPANY, INC.Supreme Court of Vermont · 1974
- Citizens Utilities Co. v. ProutySupreme Court of Vermont · 1961
- Town of West Rutland v. Rutland Railway Light & Power Co.Supreme Court of Vermont · 1923
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