Mason v. Village of St. Albans
Supreme Court of Vermont
Petition against both the town and village of St. Albans for the laying out of a highway. Heard upon the report of commissioners at the September term, Franklin county, 1895, Munson, J., presiding. The commissioners found that the public necessity required the highway and that the same was within the limits of the village, and submitted to the court whether it was encumbent upon the town or villageo to construct it.
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Petition against both the town and village of St. Albans for the laying out of a highway. Heard upon the report of commissioners at the September term, Franklin county, 1895, Munson, J., presiding. The commissioners found that the public necessity required the highway and that the same was within the limits of the village, and submitted to the court whether it was encumbent upon the town or villageo to construct it. The court held, as matter of law, that it had no power to compel the village to lay out, work and open said highway, and made an order upon the town to that effect. The town…
1Opinion of the Court
TAFT J.
This case involves the same question decided in Landon v. Village of Rutland, 41 Vt. 681. We have no disposition to overrule that case.
Judgment affirmed.
2Cases cited1 opinion
- Landon v. Village of RutlandSupreme Court of Vermont · 1869