Lynch v. Town of Rutland
Supreme Court of Vermont
Ejectment. Plea, the general issue. Heard upon the report of a referee at the September term, 1893, Rutland county, Tyler, J., presiding. Judgment pro forma for the plaintiff. The defendant excepts. The demanded premises were a small triangular piece of land situated near the' intersection of Merchant’s row and the extension of Wales street in the village of Rutland. The referee found that in 1861 a highway was laid near the premises by a court’s committee.
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Ejectment. Plea, the general issue. Heard upon the report of a referee at the September term, 1893, Rutland county, Tyler, J., presiding. Judgment pro forma for the plaintiff. The defendant excepts. The demanded premises were a small triangular piece of land situated near the' intersection of Merchant’s row and the extension of Wales street in the village of Rutland. The referee found that in 1861 a highway was laid near the premises by a court’s committee. This highway was then known as the extension of Strong’s avenue, but subsequently came to be called Merchant’s row. The highway as then…
1Opinion of the CourtThompson, J.
I. The plaintiff is the owner in fee of the land in question. Neither the defendant nor the public has any right therein unless an easement in the public was created by the action of the selectmen of Rutland, March 5, 1866, in surveying and opening a highway, which, included this land within its limits. The report of the proceedings of the selectmen recorded in the town clerk’s office April 14, i860, does not state that any notice was given to the land owners except in respect to the damages which the selectmen proposed to pay on account of the survey and opening of the highway. Unless notice…
2Cases cited9 opinions
- Welsh v. Village of RutlandSupreme Court of Vermont · 1883
- Bates v. Village of RutlandSupreme Court of Vermont · 1890
- LaFarrier v. HardySupreme Court of Vermont · 1894
- State v. Town of BurlingtonSupreme Court of Vermont · 1864
- Buchanan v. Town of BarreSupreme Court of Vermont · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Triangle Land Co. v. City of DetroitMichigan Supreme Court · 1918
- Hicks v. City of BluefieldWest Virginia Supreme Court · 1920
- Barber v. VintonSupreme Court of Vermont · 1909
- Graham v. City of DetroitMichigan Supreme Court · 1913
- In re Hurlburt's EstateSupreme Court of Vermont · 1895
6 more not listed; retrieve them via the Exa API.