25 Vt. 244 | Vt. | 1853
The opinion of the court was delivered by
The only question in the case is, whether the town, upon the trial, could avail themselves, before a traverse jury, upon a plea of not guilty, of the fact, that the road was laid out along the side of the Vermont and Massachusetts Railroad; and that the road, in places, is laid in part upon land taken by the railroad company for railroad purposes. We do not learn that any objections have come from the railroad company, or from any one in their behalf, against the laying the road, or against the town’s working it. The town was a party to the adjudication of the County Court, establishing the road, and to the order of the court for making and opening it, and they are binding upon the town, and cannot be set aside in this collateral manner. This matter might, and •
The judgment of this court is, that the defendant take nothing by his exceptions.