Lamoille newsdealer. [volume] (Hyde Park, Vt.) 1860-1877, 1862-08-08
CONNECTICUT AND PASSUMPSIC RAIL
ROADS v. EDWARD BARNARD.

ROADS v. EDWARD BARNARD.
This case, the trial of which took place
at the recent session of the Orleans Coun
ty Court, Chief Justice Poland presiding
is one of considerable Importance, the
main law question in which once decided
will govern in many similar cases. In
1853, the corporation being DESTROYS Of
raising funds sufficient to extend their
road to the Canada line, and from thence
to connect with the Grand Trunk Road to
Montreal, procured the names of citizens
of several towns in Orleans County, among
whom was the defendant in the above
named case, upon the conditions that the
Boston stockholders should raise three dol
lars to their one, and that the entire road
from st. Johnsbury to Canada line should
be put under contract for grading before
they were called on for any money, when
they were to pay it in ten per cent. in
stallments. The road, as then surveyed,
was to run through Barton, down Barton
river, through Charleston, to Derby Line.
The defence claimed that the inducement
or consideration for their signing for stock
was that the road should be built on that
survey, and also that according to the
words Of the contract it should be built.
The subscription paper upon which this
suit was brought, reads, "To Derby Line"
The great difficulty appears to be to de-
termine where Derby Line" is; whether
it means The village of Derby Line, so
called, or whether it means any point on
the province line, within the town of
Derby The railroad company claimed
that fair construction of the words
Derby Line" as used in the contract,
was the north line of the town of Derby
and that at the time of the subscription
they had made no location of the road,
but had intended to keep it an open ques-
ton until suitable surveys had been made.
so that the best route could be decided
upon.
Judge Poland charged the jury that
although the defendant may have under
stood by the words Derby Line to
mean the village of that name, yet if the
plaintiffs did not also understand it, the
plaintiffs would be entitled to recover.
The Court also charged the jury, accord
ing to full report of the trial in the
Irasburgh Standard, that the subscription,
taken with the charter, raised the pre-
sumption that the term Derby Line meant
the north line of the town, and not the
village; and that the burden was upon
the defendant to show that at the time
he subscribed, both he and the plaintiff
understood it to mean the village, in or
der for him to recover. That upon the
face Of the paper the corporation had full
filled their part of the contract in loca-
ting the road to the north line of the town
and not to Derby Line village, because,
from the papers themselves the court
should infer that the whole north line of
the town was meant, and that if any par
ticular place on the line was intended, it
was incubent on the defendant to estab-
fish it by fair balance of testimony. If
he failed to do this, the verdict should
be for the plaintiff. Trial by jury. Yer
dict for plaintiff to recover S271,l6 dam
ages and cost. Exceptions by defendant.
At the May term, 1859, of the Wind
sor County Court similar case Connect
lieut. and Passumpsic River Railroad v.
William Fl. Baxter, was tried and result
ed in verdict of the defendant. Excep-
tons were taken by the plaintiff and the
case passed to the supreme Court which
reversed the decision of the lower court
st. Adams Messenger.
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e. We saw the "Ninth. "(Vermont