Delaware & Hudson Co. v. Rutland Railroad

This case has been in this Court once before, and the respective rights of the parties in the use of the right of way over which their main line tracks are laid between Center Rutland and Rutland were then determined. See 96 Vt. 1, 116 Atl. 211.

Then it was held that plaintiff’s use of such right of way is not necessarily limited to the operation of its main line track but includes such incidental rights as are essential to the beneficial use and enjoyment of its main line that do not give it an advantage over the defendant. This was held to cover such things as pertain to the convenience and…