The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 1
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 edition. Excerpt: ... of the Conn. cfi Pass. Riv. R. R. Co. v. Holton, 32 Vt. 43, and it was there expressly decided that the land owner had no right to enter for that purpose. In delivering the opinion in that case, Judge ALDIS cites approvingly the language of Judge Redfield above referred to, and then proceeds as follows: "Without stopping to inquire whether a possible case may not exist where the land owner might enter to obtain mines or minerals, or to take herbage or other vegetable growth, it is obvious that the possession of the railroad company must, ordinarly and practically, be absolute and exclusive. Hence, any entry by the land owner, or any act done by him upon the land, which tends in the least to impair the structure of the Von. I.-42 road, to endanger the running of trains, to lessen the safety or comfort of passengers, or generally to embarrass the use of the road for the purposes for which it was built, must be deemed wrongful." The principle involved in that case is substantially the same as that in the present, and it is not easy to make a material distinction between the two. It is true, there are some objections to the act done in one case, that do not exist in the other. The annoyance from dust, occasioned by removing the turf, would not result from cutting the herbage, but the instance in which the land owner would wish to remove the turf would be rare, if the right were conceded; but if the right to remove the herbage be conceded, a large part of the adjoining land owners throughout the state would be found, at the proper season, within the lines of the roads, with their hired men, tools, and perhaps teams, for the purpose of taking off the herbage, and the detriment to the railroad company, and the danger to trains and...
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- 189 x 246 x 13mm | 449g
- 13 Sep 2013
- Illustrations, black and white