Legal Opinion

Gold v. Vermont Central Rail Road

Supreme Court of Vermont

Decided April 15, 1847PublishedCited by 9 opinions

Petition for a writ of mandamus. The petitioner set forth, that certain of his land had been taken by the Vermont Central Rail Road Company, for the purpose of building their road; that the commissioners, appointed in pursuance of the provisions of the charter of the Company, had appraised his damages at sixty five dollars; that, feeling aggrieved by this decision, he had appealed to the county court and had filed in that court a motion in writing, to be allowed to have his…

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Petition for a writ of mandamus. The petitioner set forth, that certain of his land had been taken by the Vermont Central Rail Road Company, for the purpose of building their road; that the commissioners, appointed in pursuance of the provisions of the charter of the Company, had appraised his damages at sixty five dollars; that, feeling aggrieved by this decision, he had appealed to the county court and had filed in that court a motion in writing, to be allowed to have his damages assessed by a jury; and that the county' court had refused to allow the same, but had proceeded to assess his…

1Opinion of the Court

The opinion of the court was delivered by

Davis, J.

This is an application to this court by William Gold, Jr., for a writ of mandamus, to be directed to the county court for the county of Washington, setting forth, substantially, that the Vermont Central Rail Road Company have located their road through the petitioner’s land in Northfield in said county, taking and appropriating for that about four acres and thirteen *482that, the parties failing to agree upon the price of said land, these commissioners, duly appointed in pursuance of the act incorporating said company, assessed the petitioner’s…

2Cases cited1 opinion

  1. Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831

3Cited by9 opinions

  1. Plimpton v. Town of SomersetSupreme Court of Vermont · 1860
  2. Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
  3. Colorado & Southern Railway Co. v. HammCourt of Appeals of Texas · 1907
  4. S. D. Warren Co. v. FritzSupreme Judicial Court of Maine · 1942
  5. State ex rel. Morris v. MontgomeryMissouri Court of Appeals · 1912

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