Connecticut & Passumpsic Rivers R. R. v. Town of St. Johnsbury
Supreme Court of Vermont
PROCEEDINGS for the laying of highway across a railroad at grade. Hearing on the mandate from the Supreme Court, December Term, 1886, Powers, J., presiding. The court held that it could in this case lay out and establish a highway across the petitioner’s railroad tracks at grade ; and referred the cause to commissioners to report whether the highway should be laid out and established; and if so, whether the same should be laid over, under or across said railroad.
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PROCEEDINGS for the laying of highway across a railroad at grade. Hearing on the mandate from the Supreme Court, December Term, 1886, Powers, J., presiding. The court held that it could in this case lay out and establish a highway across the petitioner’s railroad tracks at grade ; and referred the cause to commissioners to report whether the highway should be laid out and established; and if so, whether the same should be laid over, under or across said railroad. Exceptions by the petitioner. The mandate from the Supreme Court was : “ Adjudged that County Court had no jurisdiction to…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
The selectmen of the defendant town laid out a highway across the petitioner’s track at grade ; the petitioner took an appeal to the County Court; commissioners were appointed, who reported in favor of laying out the highway at grade with the track, and the highway was so established. The petitioner brought the cause to this court, and it was held that neither the selectmen nor the County Court could establish a highway across a railroad track at grade with the track, and remanded the cause for proceedings subject to said limitation. Central…
2Cases cited1 opinion
- Central Vermont Railroad v. Town of RoyaltonSupreme Court of Vermont · 1885
3Cited by3 opinions
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- McCreary v. First National BankTennessee Supreme Court · 1902
- Central Vermont Railway, Inc. v. HanleySupreme Court of Vermont · 1941