Brock v. Connecticut & Passumpsic Rivers Railroad
Supreme Court of Vermont
Bill in Chancery. The orator alleged in his bill that the ’defendants had, by virtue of their charter, taken a portion of his meadow land in Newbury, five rods in width and seventy-five rods in length, and had built their railroad thereon, and had fenced and occupied the same, for some time previous to the bringing of the bill, fi>r railroad purposes; that the orator’s •land along the defendants’ railroad, and on both sides thereof, was occupied by him for purposes of…
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Bill in Chancery. The orator alleged in his bill that the ’defendants had, by virtue of their charter, taken a portion of his meadow land in Newbury, five rods in width and seventy-five rods in length, and had built their railroad thereon, and had fenced and occupied the same, for some time previous to the bringing of the bill, fi>r railroad purposes; that the orator’s •land along the defendants’ railroad, and on both sides thereof, was occupied by him for purposes of tillage and mowing, and Was very Valuable for such uses ; that the defendants had commenced to plant great numbers of trees…
1Opinion of the CourtPierpoint, J.
This bill is brought t'ó restrain the defendants from planting and continuing willow trees along the line of their road, on each side, through the land of the orator, and upon ■or-close to the division line between the railroad and the orator’s land.
The orator alleges in the bill that said trees are planted within a few feet of each other, and so near to the division line that, if they are permitted to remain, in a few years they will extend their branches ovef, and theii roots into, the land of the orator, that sprouts will spring up therefro.m in tire orator’s soil, that dead and broken…
2Cited by7 opinions
- Michalson v. NuttingMassachusetts Supreme Judicial Court · 1931
- Smith v. HoltSupreme Court of Virginia · 1939
- Shevlin v. JohnstonCalifornia Court of Appeal · 1922
- McCutchen v. BlantonMississippi Supreme Court · 1881
- Town of Fairlee v. BOSTON & MAINE CORPORATIONSupreme Court of Vermont · 1968
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