The Barre daily times. (Barre, Vt.) 1897-1959, 1914-01-07
Vermont Public Service Has
It's Rights More Clear
ly Defined
BY AN OPINION
OF SUPREME COURT
Case Was Jennie George VS..
Consolidated Light
ing Co.

In an opinion handed down yester-
day afternoon the Vermont supreme
court sustained the jurisdiction of the
Vermont public service commission in
matters connected with the act of cor
porations in taking land by the right
of eminent domain. The case was that
of Jennie George VS.. the Consolidated
| Lighting company and the public serv-
ice commission. Judge Haselton, who
read the opinion, announced that the
petition for writ of prohibition to stop
proceedings before the public service
commission was dismissed with costs,
thus sustaining the jurisdiction of the
commission. The Consolidated Lighting
Co had brought proceedings before the
commission for the taking of land OF
Jennie George, by the right of eminent
domain, for the erection of poles and
stringing of wires.
The two questions in the case were
whether or not section IL of No. ll6
Of the laws of 1908, giving jurisdiction
of such eases over to a commission was
constitutional and second, if it were CON
stitutional. if it applied to the case OF
public service corporation with a char
ter granted prior to the general law of
which the section in question is part
providing a constitutional method of ex-
ercising the right of eminent domain.
The supreme court decided as fol-
lows:
"The lighting company and any cor
poraton with like rights is entitled to
proceed before the public service com
mission in the matter OF eminent do
main Whether the general law in that
regard supersedes and repeats constitu-
tional charter provisions in force before
the general law took effect, or whether
the general law merely furnishes CON
current method OF procedure it is not
necessary TO determine until some cor
poration entitled to proceed under the
general law claims the right to proceed
by virtue of constitutional provision
OF charter granted before the gem
eral law took effect. The Importance
Of the question requires ms to decline
considering it until its consideration is
necessary"
In closing the justice said:
"Our conclusion is that it is the duty
of the public service commission to pro-
the Consolidated Lighting company, and
upon due notice and hearing to deter
mine the questions of necessity and com
pensation which they are therein asked
to determine
Other Opinions Rendered.
Justice William H. Taylor rendered
his first decision in the Washington
county case OF Ivan A. Sparrow vs..
Charles A. Watson, petition for the
partition of certain property The judg-
ment was reversed and the petition dis
missed.
Justice George NJ. Powers in the
Franklin county case of Calvin b. Niles
VS. the Central Vermont railroad, a case
very similar to the White case rendered
by Justice Watson, Calvin b. Niles get
ting his leg broken in rear end COLI
sion, found that the railroad was negli
gent in allowing locomotive to leak
steam so the trainmen could not see.
No error was found and the Judgment
was affirmed giving the defendant dam
ages OF S34l966
Justice Munson in the Caledonia coun-
" case of Taplin & Rowel vs.. l.. b.
Harris, general assumpsit suit over
the payment of certain lumber which
it was claimed Harris had contracted to
pay for, judgment was affirmed, giving
the plaintiff 81 .09l SO damages.
Justice Haselton in the Washington
county case of the town Of Waitsheld
vs.. the town of Craftsbury, appellant,
general assumpsit, in which the defend
ant sought to recover from the plaintiff
money paid by the overseer OF the poor
to one Jerry Doyng, the verdict for
the defendant found in the lower court
was affirmed,
Justice TAYLOR in the Franklin county
case of X. w. Fadden VS.. S. 4. Mckin-
ney, Myrtle Mckinney, ct. al. trespass
and trover, found no evidence fairly con
victing the defendant of trespass and
Judgment was reversed and cause re-
manded.
In the Washington county case OF the
First National bank of Montpelier VS..
Maria Bertoli ct. al, general assump-
sit, Justice Taylor held that the lower
court had erred and the Judgment was
reversed and cause remanded.
In the Rutland county case of the
Vermont Accident Insurance company vs..
hudson f. Fletcher and Emma J. Fletch
sr. foreclosure, Justice Haselton an
nounced that the decree dismssing the
bill with costs was affirmed and cause
In the Windham county case of Levi |
Bouchard VS.. the Central Vermont Rail |
road company, judgment was affirmed |
md the case remanded for trial on its |
merits.