Rutland Railway, Light & Power Co. v. Clarendon Power Co.
Supreme Court of Vermont
Appeal in Chancery. Heard on demurrer to the bill, at the September Term, 1911, Rutland County, Taylor, Chancellor. Demurrer overruled, pro forma, and bill adjudged sufficient. The defendant appealed. The opinion states the case. A bill in equity will lie to restrain the taking of lands by the exercise of eminent domain under the circumstances set forth in this bill. White River Turnpike Co. v. C. V. Ry. Co., 21 Vt. 590; C. V. Ry.
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Appeal in Chancery. Heard on demurrer to the bill, at the September Term, 1911, Rutland County, Taylor, Chancellor. Demurrer overruled, pro forma, and bill adjudged sufficient. The defendant appealed. The opinion states the case. A bill in equity will lie to restrain the taking of lands by the exercise of eminent domain under the circumstances set forth in this bill. White River Turnpike Co. v. C. V. Ry. Co., 21 Vt. 590; C. V. Ry. Co. v. Woodstock R. Co., 50 Vt. 452; Deerfield River Co. v.. Wilmington Poiver Co., 83 Vt. 548; Hatch v. C. V. Ry. Co., 25 Vt. 61; Post & Flagg v. Rutland Canadian…
1Opinion of the CourtPowers, J.
The orator is a corporation owning and operating an electric railway in the streets of the city of Rutland, and between that city and the village of Fairhaven. When this bill was brought, it was completing an extension of this railway from Fairhaven to Poultney. It also supplies electricity for lighting the streets of Rutland City, and the villages of Castleton, Fair-haven, Poultney and Hydeville, and has entered into a contract to light the streets of Wallingford. It sells electricity to individuals in various towns in Rutland County for light and power. It owns, maintains and operates dams,…
2Cases cited19 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- People ex rel. Detroit & Howell Railroad v. Township BoardMichigan Supreme Court · 1870
- Brown v. GeraldSupreme Judicial Court of Maine · 1905
- Fallsburg, &c. Co. v. AlexanderSupreme Court of Virginia · 1903
- Tyler v. BeacherSupreme Court of Vermont · 1871
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3Cited by18 opinions
- Sabre v. Rutland RailroadSupreme Court of Vermont · 1913
- American Museum of Fly Fishing, Inc. v. Town of ManchesterSupreme Court of Vermont · 1989
- Vermont Hydro-Electric Corp. v. DunnSupreme Court of Vermont · 1921
- East Bay Municipal Utility District v. City of LodiCalifornia Court of Appeal · 1932
- President of Middlebury College v. Central Power Corp.Supreme Court of Vermont · 1928
13 more not listed; retrieve them via the Exa API.