Burlington & Lamoille R. R. v. Brush

Supreme Court of Vermont

Burlington & Lamoille R. R. v. Brush

57 Vt. 472

DecidedAugust 15, 1885

StatusPublished

This text of 57 Vt. 472 (Burlington & Lamoille R. R. v. Brush) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burlington & Lamoille R. R. v. Brush, 57 Vt. 472 (Vt. 1885).

Pincite

Opinion

The opinion of the court was delivered by

Rowell, J.

The declaration before the justice went for damage to plaintiff’s cellar and tenement as well as to his drugs and medicines. It specially declared for damage to both; and damage to both was properly recoverable thereunder but for the want of jurisdiction, which the justice did not have, as the action was case, and the title to land was concerned.

Judgment reversed, and judgment that the justice’s judgment and execution be set aside and held for naught, and that the complainant recover its costs.

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The opinion of the court was delivered by

Rowell, J.

The declaration before the justice went for damage to plaintiff’s cellar and tenement as well as to his drugs and medicines. It specially declared for damage to both; and damage to both was properly recoverable thereunder but for the want of jurisdiction, which the justice did not have, as the action was case, and the title to land was concerned.

Judgment reversed, and judgment that the justice’s judgment and execution be set aside and held for naught, and that the complainant recover its costs.

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Bluebook (online)

57 Vt. 472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burlington-lamoille-r-r-v-brush-vt-1885.