Connecticut & Passumpsic Rivers Railroad v. Holton
Supreme Court of Vermont
Trespass quare clausum fregit. The case was referred and the referee reported the following facts: At the time the plaintiffs’ railroad was constructed, a portion of their road bed and the land adjoining on each side was taken by them from the defendant, and the damages for such taking were duly appraised and paid according to the provisions of the plaintiffs’ charter.
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Trespass quare clausum fregit. The case was referred and the referee reported the following facts: At the time the plaintiffs’ railroad was constructed, a portion of their road bed and the land adjoining on each side was taken by them from the defendant, and the damages for such taking were duly appraised and paid according to the provisions of the plaintiffs’ charter. After this land, so taken and paid for, had been enclosed by the plaintiffs, and while it was in their possession, the defendant, at different times, entered thereon with his servants, oxen and cart, through the fences…
1Opinion of the Court
Aldis J.
The action is trespass, qu. cIs. fr.
It appears that the land upon which the alleged trespass was committed was originally a part of the farm owned by the defendant, and that it was taken by the plaintiffs, under their charter, and the damages duly appraised and paid.
The defendant, being the adjoining land owner, claims the-right to enter with his servants, oxen and cart, through the plaintiffs’ fence upon the strip of land lying between the fence and the railroad track, and to cut and carry away the turf.
He also claims the right to take up a length of fence on each side of the road on…
2Cases cited1 opinion
- Jackson v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
3Cited by19 opinions
- Preseault v. United StatesCourt of Appeals for the Federal Circuit · 1996
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
- Cairo, V. & C. Ry. Co. v. BrevoortU.S. Circuit Court for the District of Indiana · 1894
- Troy v. PotterSupreme Court of Vermont · 1869
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