Troy v. Potter
Supreme Court of Vermont
Trespass on the freehold. The plaintiffs’ declaration described the close in which the alleged trespasses were committed as being “ a certain lot of land of the plaintiffs, situated and being in Pownal, in this county, and being a strip of land over which the Southern Yermont Railroad was formerly laid, and that part of said piece of land which is adjoining to a piece of land occupied by the defendant.”
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Trespass on the freehold. The plaintiffs’ declaration described the close in which the alleged trespasses were committed as being “ a certain lot of land of the plaintiffs, situated and being in Pownal, in this county, and being a strip of land over which the Southern Yermont Railroad was formerly laid, and that part of said piece of land which is adjoining to a piece of land occupied by the defendant.” The trespasses complained of were alleged in the declaration to have been committed on the 15th day of Juno, 1860, “ and on divers days,” etc. Plea, not guilty and notice. Trial by jury at the…
1Opinion of the Court
Argued at the general term, 1867.
The opinion of the court was delivered by
Pierpoint, C. J.
This is an action of trespass on the freehold, brought to recover the damage sustained by the plaintiffs in consequence of the defendant’s entering upon the line of the Southern *271Vermont Railroad, of which the plaintiffs are the lessees, where said road crosses the farm of the. defendant, and cutting and taking away the grass growing upon the said road, and within the lines and fences thereof; the plaintiffs being at the time in possession, and using the same for the purposes for which it was constructed…
2Cases cited2 opinions
- Jackson v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
- Connecticut & Passumpsic Rivers Railroad v. HoltonSupreme Court of Vermont · 1859
3Cited by29 opinions
- Preseault v. United StatesCourt of Appeals for the Federal Circuit · 1996
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- Illinois Central Railroad v. HoughtonIllinois Supreme Court · 1888
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
- Woodward Governor Co. v. City of Loves ParkAppellate Court of Illinois · 1948
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