59 Vt. 320 | Vt. | 1887
The opinion of the court was delivered by
The selectmen of the defendant town laid out a highway across the petitioner’s track at grade ; the petitioner took an appeal to the County Court; commissioners were appointed, who reported in favor of laying out the highway at grade with the track, and the highway was so established. The petitioner brought the cause to this court, and it was held that neither the selectmen nor the County Court could establish a highway across a railroad track at grade with the track, and remanded the cause for proceedings subject to said limitation. Central Vt. R. R. Co. v. Royalton, and this case. 58 Vt. 234. Subsequently to such ruling the legislature enacted a law authorizing the laying of highways across railroad tracks at grade. Act No. 20, Session Laws, 1886. Under this statute the County Court held that in this case a highway may be established at grade with the track, and this holding is the question now before us for revision. Was it error or not ? In highway cases
Judgment reversed, and cause remanded to be proceeded with as directed by the mandate from the General Term, 1886.