Legal Opinion

Armington v. Towns of Barnet

Supreme Court of Vermont

Decided March 15, 1843PublishedCited by 19 opinions

Petition of John Armington and three hundred and twenty one others, filed in this court, praying the court to appoint commissioners for the purpose of laying out and establishing a public highway through those parts of the towns of Barnet, Ryegate and Newbury over which the road of the Passumpsic Turnpike Company runs.

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Petition of John Armington and three hundred and twenty one others, filed in this court, praying the court to appoint commissioners for the purpose of laying out and establishing a public highway through those parts of the towns of Barnet, Ryegate and Newbury over which the road of the Passumpsic Turnpike Company runs. The legislature, at their session in 1839, passed an act relating to highways, the first section of which is as follows: “ Whenever there shall be occasion for any new highway ‘ in any town or towns in this state, the supreme court and £ county courts shall have the same power…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The only question arising in the present case, is, as to the constitutionality of the statute of 1839, authorizing the supreme and county courts, in the state, to *749take the franchise, or easement, of any turnpike corporation, when, in their judgment, the public good requires a public highway over such easement, or the land in which such easement exists.

It is now too late in the day, and the law upon this subject is too far settled, to go into the discussion of elementary principles. No one now questions the right of the highest judicial…

2Cases cited1 opinion

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819

3Cited by19 opinions

  1. Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
  2. Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
  3. Opinion of the JusticesSupreme Court of New Hampshire · 1891
  4. Vermont Hydro-Electric Corp. v. DunnSupreme Court of Vermont · 1921
  5. Town of Bennington v. ParkSupreme Court of Vermont · 1877

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