Legal Opinion

McAulay v. Western Vermont Railroad

Supreme Court of Vermont

Decided November 15, 1860PublishedCited by 44 opinions

Ejectment. Plea, the general issue, and trial by jury at the December Term, 1859, — Kellogg, J., presiding. On trial it was admitted by the parties that the premises described in the declaration were originally the property of the plaintiff, who had title thereto ; that the same were taken by the Western Vermont Railroad Company for the purposes of their, road in the summer or fall of 1850, and the road duly surveyed, located and' constructed thereon, and the construction…

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Ejectment. Plea, the general issue, and trial by jury at the December Term, 1859, — Kellogg, J., presiding. On trial it was admitted by the parties that the premises described in the declaration were originally the property of the plaintiff, who had title thereto ; that the same were taken by the Western Vermont Railroad Company for the purposes of their, road in the summer or fall of 1850, and the road duly surveyed, located and' constructed thereon, and the construction completed in the year 1851 ; that the parties not agreeing as to the price of the land, the defendants procured the…

1Opinion of the Court

Redfield, Ch. J.

The commencement of the construction of the defendant’s road was before damages were appraised, which was on the 4th of September, 1851. The location and survey of the road was of course before work began, and so is the date of the writing signed by the plaintiff. But it was not, in fact, signed by the plaintiff until about the time of the first appraisal. The construction of the road was completed in 1851, and it immediately went into operation and has so continued until the present time.

The first question which arose in the trial of the action was *320in relation to the…

2Cited by44 opinions

  1. Platt v. ShieldsSupreme Court of Vermont · 1923
  2. Miller & Lux Inc. v. Enter. Canal & Land Co.California Supreme Court · 1915
  3. Charleston & Western Carolina Railway Co. v. HughesSupreme Court of Georgia · 1898
  4. Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
  5. Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874

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