The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1911-11-13
RESIDENTS HAVE
ENCROACHED ON
RIGHT OF WAY
Bennington and Glastonbury
Attorneys Serve Notices
TRESPASSERS MUST vACATE
Holden and Healy Have instructions
to Clear Road for Its Entire
Length

Four residents of County streep
Oscar Pratt, Ward l.. Lyons, James
Kelley and Harry e. Gore, have re-
ceiyed notices from Holden and Hea-
ly, attorneys for the Bennington and
Glastonbury Railroad company, TO
vacate the right Of way adjoining
their separate properties. According
to the contention of the railroad com
pany Oscar Pratt's piazza is on the
railroad property, the house recently
constructed by Mr.. Lyons is direct
ly in the right of way, Mr. Gore has
built slaughter house where the
rails used to be and Mr. Kelly has
graded and fenced lawn on land of
the corporation Since receiving the
notice, however, the latter has NOV
ed the fence. A fence has also been
constructed by the soldiers home
management which puts the railroad
property inside the Enclosure of that
institution. This work, however,
was done with the permission of the
railroad company and the understand
ing that 1t would be removed at the
request of the railroad people.
The notices were served by the
attorneys in accordance with instruc-
tons from the railroad company to
clear the entire right of way from
Bennington to the terminus in Glas-
tenbury. Thus far notices have been
served only to those interested re
| siding inside the village corporation,
but later others will be sent to all
property owners who have in any
way encroached upon the railroad
land. Outside of the village there
are but few who will receive the
notices. One is Seymour Van SAINT
voord of Troy whose property at
Ferndale is crossed by the right of
way and Who has graded and guilty
ated the land over which rails for
merly ran.
The road was built in 1872 for the
| purpose OF transporting the timber
from a large tract OF land owned by
the company In the towns of Glas.
| tenbury and Woodford. At the time
of its construction ii was considered
one OF the marvellous engineering
feats OF the day. Good railroad men
predicted that it would be impossible
to run locomotives over the line be
cause OF the grade but the faith OF
the promoters was verified. After
the timber had been cut from the
slopes of the long valley the roaC
was electrically equipped for about
five miles out of Bennington, a sum
mer theatre was constructed al
Woodford Hollow and the line wa.
operated for several seasons. In tn,
fall OF 1898 cloud burst in tn,
mountains sent a freshet through
the valley that completely wrecked
the road, carrying away all OF tn,
bridges and long stretches of tn,
roadbed. There was not enough
prospective income in sight TO war
rant reconstruction and the roaC
was abandoned. In the years tina
have elapsed the former right O
way has gradually reverted to tn,
conditions that prevailed before IN,
road was built, although not man,
OF the rails were taken away by thu
company, and persons along tn,
route who owned adjoining propert,
have acquired the custom of usiny
the land for whatever purpose the,
saw 1t.
Further than to state that they ar,
acting in accordance with the in
structlons Of the company to clea
p the right of way the attorneys stat
that they have no information 10 an
nounce. The notices are being sen
out in order that the title to the RICH
OF way may be maintained in cas-
Il may be desirable at any futur
time to rebuild the road or dispos
Of the property to some other col
poration. The company owns larg
tracts of timber land in Glastenbury
which is increasing in value ever
; year.