Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-05-17

AN OLD CASE IN A NEW sTAGE-NYE VS.. THE
RUTLAND AND BURLINGTON RAILROAD COM
PANY-JUDGMENT ENTERED AT LAST, But
NOBODY RESPONSIBLE.
When the track of the Rutland and Bur
lington Railroad was extended, in 1850,
from the depot of that road at the foot of
Maple street to connect with the Vermont
Central track, its line passed where the
track now runs, between the old store Of
Isaac Nye, at the foot of King street, and
Nye's wharf. The company and Mr.. Nye
failed to agree upon the damages to be paid
by the road for the strip of land. 40 feet
wide and extending across Mr.. Nye's pro-
per.y, which was taken by the railroad
company and thereupon, agreeably to the
| statute then in force, Commissioners were
appointed by the Supreme Court to ap-
praise the damages. And they, in May,
1851, made an award of 81, 200 to Mr..
Nye. This was not satisfactory to Mr.
Nye. He appealed from the apprais-
al, and the case was entered in the
September term of the County Court in
1851, Levi Underwood being Mr.. Nye's at
torney, and D. A. Smslley the attorney for
the railroad COMPANY. John Pierpoint,
Ezra Mech and Joseph Marsh were appoint
ed commissioners But Mr.. Nye did not
nrsss the ease and it made no progress.
Mr. Nve As has been often remarked Of him, |
was re,,, neculiar person; and the man |
who kent d,v ponds on the shelves of his |
store for thirty or forty years, refusing to
sail them and allowed large RATS of square !
t;mhe- RI rot in hi. dock rather than to seek |
a customer or accent an offer, was the last !
man tn he troubled by "the laws delays
awarded as land damages he deposited in |
tho Merchants Rank nending the appeal |
Mr. Nvs d,pbtless thoupht that that and |
something more would some day be award |
nees of the monev He was in no hurry
he never was in a hurry about ANYTHING.
The road was in possession of the land,
and did not care about the delay. And so
the case hung along. From time to time one
Commissioner after another died or dropped
out, and Others took their places The
Rutland and Burlington Railroad Company
became BANKRUPT. and finally ceased to exist
as a corporation; the bondhoders taking
the road under a new charter. The Mer-
chants Bank, which was supposed to be the
depositary of the sum originally ava rded,
went into liquidation and was succeeded by
the Merchants National. Still the case kept
its place upon the docket, and was adjourn
ed from term to term In 1870, if We recol
lect Alright, Mr.. Nye died, in his old store.
and was laid out for burial upon its counter.
heirs to this suit with his other property.
But still the case was not determined. One
Of the brothers died year or two since.
The other. it would seem, at last pressed for
a decision. The case appeared, as usual,
on the docket of the term of court which
closed last week, with MIR. Englesby taking
the Place Of MIR. Underwood as counsel for
Nye's estate +; Mr.. Phelps in place Of d. A.
Smalley,-who. of course, had long since. on
his appointment as U. S. Judge. ceased to
appear in the case, and had gone to his long
home, with most of the parties originally
interested as attorney for the railroad
company and ii. E. Royce, 5. NJ.
Pope, and {. F. Ward as Commissioners.
The Commissioners made their report
to the court, stating some Of the facts above
noted, stating also that it did not appear
hot ha Z /
ed had ever been deposited or not, as or
dered, awarding 81 600 as suitable damages
% N, N,o o,1 Io,r;,o the oues.;on of the
w 'ii' ~ - NM
interest lor t"ehty-ss'en years u Tue court
The court affirmed the report but held
that in riew of Mr.. Nye's negligence in as