Legal Opinion

Orcutt v. Town of Hartland

Supreme Court of Vermont

Decided February 15, 1880PublishedCited by 1 opinion

This was a petition to the County Court for the laying put of a highway in the town of Hartland by the side of the Woodstock Railroad, and in part on the land of the Woodstock Railroad Company.

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This was a petition to the County Court for the laying put of a highway in the town of Hartland by the side of the Woodstock Railroad, and in part on the land of the Woodstock Railroad Company. The commissioners reported that the railroad company made no claim for land-damages, but asked only that the highway should be “ so constructed as to render the railroad no more liable to obstruction or damage by the sliding of earth ” from the embankment of the highway, than it was before from the sliding of earth from the old embankment; and that they had accordingly laid out a highway to be “ so…

1Opinion of the Court

The opinion of the court was delivered by

Dunton, J.

While we do not question the authority of State v. Williston, 31 Vt. 153, we do not think anything more is required of the defendant town by the report of the commissioners as to the mode of constructing the proposed highway, than is required of them by law. Independent of the requirement of the report, as to how such highway shall be constructed, it is the legal duty of the defendant town to so construct the same as not to unreasonably endanger the railroad, by making it more liable to obstruction by the sliding of earth upon it than it was…

2Cases cited5 opinions

  1. West River Bridge Co. v. DixSupreme Court of Vermont · 1844
  2. State v. Towns of Williston, Essex, Jericho, & UnderhillSupreme Court of Vermont · 1858
  3. Town of Pomfret v. Town of HartfordSupreme Court of Vermont · 1869
  4. Chase v. Town of RutlandSupreme Court of Vermont · 1875
  5. Towns of Rockingham & Grafton v. Town of WestminsterSupreme Court of Vermont · 1852

3Cited by1 opinion

  1. Bolles v. City of MontpelierSupreme Court of Vermont · 1920

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