Mathews v. Winooski Turnpike Co.
Supreme Court of Vermont
This was an action on the case, in which the plaintiff claimed to recover damages, for an injury, alledged to have been occasioned by reason of the defects and insufficiency of the defendants turnpike. Plea, general issue, and trial by jury. On trial, the act incorporating the defendants, and the organization of said company under the same, were proved.
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This was an action on the case, in which the plaintiff claimed to recover damages, for an injury, alledged to have been occasioned by reason of the defects and insufficiency of the defendants turnpike. Plea, general issue, and trial by jury. On trial, the act incorporating the defendants, and the organization of said company under the same, were proved. The plaintiff offered testimony tending to prove, that on the night of the 15th day of August, A. D. 1849, he was driving a horse harnessed to a wagon in which he was riding, on the defendants turnpike, leading from Montpelier village, through…
1Opinion of the Court
By the Court.
A.s to this road, made by the Railroad Company, as a substitute for the road which they had taken, it seems to us, that their own charter provides the mode for this, and that they would not be required to resort to the process pointed out in *484the act of 1835, when the Turnpike Company found it desirable to change the locality of their road.
And if the Railroad Company took the old road, and made a substitute, as their charter provides, that was sufficient to justify the Turnpike Company in using it as a part of their road, and that their continuing to use it, as a portion of their…
2Cases cited1 opinion
- Willard v. Town of NewburySupreme Court of Vermont · 1850
3Cited by2 opinions
- Hyde v. Town of JamaicaSupreme Court of Vermont · 1855
- Orcutt v. Kittery Point Bridge Co.Supreme Judicial Court of Maine · 1866