Alexander v. City of Montpelier
Supreme Court of Vermont
Petition, under P. S. 3908, to have the city of Montpelier fined for not performing an order of the county court as to making a street. Heard on the report of a referee, at the March Term, 1908, Washington County, Hall, J., presiding. Judgment, pro forma, that defendant had not performed said order, and fining it so much, to be expended in making the street as described in the report of the commissioners in the original case. The defendant excepted.
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Petition, under P. S. 3908, to have the city of Montpelier fined for not performing an order of the county court as to making a street. Heard on the report of a referee, at the March Term, 1908, Washington County, Hall, J., presiding. Judgment, pro forma, that defendant had not performed said order, and fining it so much, to be expended in making the street as described in the report of the commissioners in the original case. The defendant excepted. The opinion states the case. The owner of land abutting on a highway has a right to lateral support of his land as against excavation for such…
1Opinion of the CourtRowell, C. J.
This is an application under what is now see. 3908 of the Public Statutes, to fine the city of Montpelier for not performing an order of the county court as to making a highway therein called Wilder street.
The city council laid out and surveyed said street at one time, but gave the petitioners, abutting landowners and dwellers thereon, no notice of a hearing in the matter, and no record of the survey was preserved. So the petitioners applied to the council to resurvey the street and to make a record thereof, which it did, and proceeded to grade the street, and to cut it down in places, and to…
2Cases cited2 opinions
- State v. Towns of Williston, Essex, Jericho, & UnderhillSupreme Court of Vermont · 1858
- State v. Town of VernonSupreme Court of Vermont · 1853
3Cited by6 opinions
- Rutland Railway, Light & Power Co. v. Clarendon Power Co.Supreme Court of Vermont · 1912
- Boyce v. SumnerSupreme Court of Vermont · 1924
- Sayers v. Montpelier & Wells River RailroadSupreme Court of Vermont · 1916
- Bessette v. GoddardSupreme Court of Vermont · 1913
- Bolles v. City of MontpelierSupreme Court of Vermont · 1920
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