Legal Opinion

Vermont Central Rail Road v. Baxter

Supreme Court of Vermont

Decided March 15, 1850PublishedCited by 4 opinions

Petition for a writ of certiorari to the commissioners appointed to appraise damages for land and materials taken by the Vermont Central Rail Road Company. The petitioners alleged, that the defendant applied to the commissioners to appraise and award damages, which had accrued to him on land held by him in his own right and as administrator of Hiram Shepard, and that the commissioners, after giving due notice to the parties, had met, and, upon hearing, had made their award.

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Petition for a writ of certiorari to the commissioners appointed to appraise damages for land and materials taken by the Vermont Central Rail Road Company. The petitioners alleged, that the defendant applied to the commissioners to appraise and award damages, which had accrued to him on land held by him in his own right and as administrator of Hiram Shepard, and that the commissioners, after giving due notice to the parties, had met, and, upon hearing, had made their award. The award was recited in the petition, and was, in substance, as follows; — that the corporation had contracted with…

1Opinion of the Court

*370The opinion of the court was delivered by

Redfield, J.

This is a petition to this court for a writ of certiorari to the commissioners of the Vermont Central Rail Road Co. for appraising land damages, to certify to us a judgment, or appraisal, which they made against the company for damages in taking stone, drawing them across land, and hewing them on land of the petitionee, — also allowing him costs, — that its correctness may be determined by this court. If their proceedings were substantially correct, we should refuse the writ. We must therefore inquire into their legality. We must be very…

2Cited by4 opinions

  1. Houston & Great Northern Railroad v. MeadorTexas Supreme Court · 1878
  2. Sabin v. Vermont Central RailroadSupreme Court of Vermont · 1853
  3. Clement v. CanfieldSupreme Court of Vermont · 1856
  4. Thayer v. Vermont Central RailroadSupreme Court of Vermont · 1852

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