Post v. Rutland R. Co.

Decision Date06 February 1908
Citation80 Vt. 551,69 A. 156
PartiesPOST et al. v. RUTLAND R. CO.
CourtVermont Supreme Court

Appeal in Chancery, Rutland County; Willard W. Miles, Chancellor.

Suit by George B. Post and another against the Rutland Railroad Company to obtain relief against condemnation proceedings. From a decree dismissing the bill, complainants appeal. Decree reversed pro forma, and cause remanded, with directions.

Argued before ROWELL, C. J., and TYLER, MUNSON, and WATSON, JJ.

Edward S. Marsh, for appellants. H. Henry Powers, for appellee.

WATSON, J. The statute, giving railroad corporations the power to take real estate for a right of way by eminent domain, provides that before such a corporation commences proceedings for that purpose "it shall cause the location of its road signed by a majority of the directors, defining the courses, distances, and boundaries of the same in each town through which it passes, to he recorded in the respective town clerk's offices in said towns. * * *" V. S. 3809. When the corporation has not acquired such real estate by gift or purchase, and if the parties do not agree as to the price thereof, two judges of the Supreme Court, on application by the corporation, shall appoint commissioners to determine the damages which the owners of such lands have sustained by the occupation of the same for the purpose named. V. S. 3814. And at least ten days before the appraisal the corporation shall deliver to the owner, or deposit in the clerk's office in the town in which the same is situated, a plan or description in writing of the land so taken. V. S. 3816. These provisions and some others apply to the defendant in locating and constructing branches of its road to connect with marble quarries in the town of Brandon. Laws 1868, p. 217, No. 141.

The master finds that the condemnation proceedings taking the orators' land in question were in accordance with the requirements and provisions of the statute, unless the legal effect thereof is changed or modified by the facts that "the premises in question were described in the certificate of location filed in the town clerk's office and signed by the president and a majority of the directors as being the laud of E. S. Marsh, instead of land of the orators, and in the description thereof the place of beginning the survey was described as being 36 feet southeasterly from the southwesterly corner of F. R. Button's land, and in the division line between lands of the Rutland Railroad Company a...

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7 cases
  • Sabre v. Rutland R. Co.
    • United States
    • Vermont Supreme Court
    • 21 d2 Janeiro d2 1913
    ...to finally dispose of the case. Blanchard v. Barre, 77 Vt. 420, 60 Atl. 970; State v. Wilson, 79 Vt. 379, 65 Atl. 88; Post v. Rutland R. Co., 80 Vt. 551, 69 Atl. 156; State v. B. & M. Railroad, 82 Vt. 121, 71 Atl. 1044. But this rule has its exceptions: When the settlement of such question ......
  • Edwards v. City of Cheyenne
    • United States
    • Wyoming Supreme Court
    • 3 d1 Abril d1 1911
    ... ... resolutions. (In re Street, 109, N.Y.S. 950; Ry. Co. v ... Macloon, (Wis.) 116 N.W. 897; In re Ry. Co ... (Wis.) 116 N.W. 841; Post v. Ry. Co. (Vt.) 69 ... A. 156.) Every reasonable doubt as to the authority to ... condemn must be resolved in favor of the land owner. (97 ... ...
  • George W. Sabre v. Rutland Railroad Company And Central Vermont Railway Co.
    • United States
    • Vermont Supreme Court
    • 21 d2 Janeiro d2 1913
    ... ... upon [86 Vt. 372] the constitutionality of a statute unless ... it is necessary to do so in order to finally dispose of the ... case. Blanchard v. Barre , 77 Vt. 420, 60 A ... [85 A. 704] ... State v. Wilson , 79 Vt. 379, 65 A. 88; ... Post v. Rutland R. Co. , 80 Vt. 551, 69 A ... 156; State v. B. & M. Railroad , 82 Vt. 121, ... 71 A. 1044. But this rule has its exceptions; when the ... settlement of such question is one of public importance, the ... court may properly consider and dispose of it, although such ... a course ... ...
  • Swanson v. Gillan
    • United States
    • Rhode Island Supreme Court
    • 27 d3 Junho d3 1934
    ...N. W. 927; Olson Land Co. v. City of Seattle, 76 Wash. 142, 136 P. 118; Chapman v. Polack, 70 Cal. 487, 11 P. 764; Post & Flagg v. Rutland Railroad Co., 80 Vt. 551, 69 A. 156. In Orton v. Harvey, supra, the court held that parol evidence to vary clear and unambiguous language used in a plat......
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