Libby v. Canadian Pacific Railway Co.
Supreme Court of Vermont
Appeal to the Supreme Court for tbe County of Orleans from an order of the Railroad Commissioners directing the elimination of a farm crossing at grade by the substitution of an underpass. The opinion states the case.
1Opinion of the CourtMunson, J.
The petitioner seeks by this proceeding to secure the construction and maintenance of an underpass for use in the driving of his cattle to and from their pasture, apart from and in addition to the regular farm crossing now existing and necessary to be maintained for the other purposes of the farm. The railroad commissioners considered that jurisdiction of this matter was given them by No. 126, Acts of 1906, and ordered the construction and maintenance of an underpass of specified dimensions and material. The defendants claim that the action of the commissioners was unauthorized.
The statute…
2Cases cited3 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Norris v. Vermont Central RailroadSupreme Court of Vermont · 1855
- Central Vermont Railroad v. Town of RoyaltonSupreme Court of Vermont · 1885
3Cited by4 opinions
- State ex rel. Missouri, Kansas & Texas Railway Co. v. Public Service CommissionSupreme Court of Missouri · 1917
- City of Barre v. Barre & Montpelier Power & Traction Co.Supreme Court of Vermont · 1914
- Central Vermont Railway, Inc. v. HanleySupreme Court of Vermont · 1941
- White v. Southern Railway Co.Supreme Court of South Carolina · 1927