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RYAN v. ST. JOHNSBURY & LAMOILLE COUNTY RAILROAD

No. 227, Docket 26599.

290 F.2d 350 (1961)

Bernard RYAN and Robert Ryan, d/b/a Ryan Fruit Company, Plaintiff-Appellee, v. ST. JOHNSBURY & LAMOILLE COUNTY RAILROAD, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 3, 1961.

Attorney(s) appearing for the Case

Robert D. Rachlin, St. Johnsbury, Vt. (John H. Downs, St. Johnsbury, Vt., of counsel; Clifton G. Parker, Morrisville, Vt., Atty.), for appellant.

James J. McNamara of McNamara & Larrow, Burlington, Vt., for appellee.

Before MOORE, FRIENDLY and SMITH, Circuit Judges.

FRIENDLY, Circuit Judge.

In 1908, defendant, a Vermont corporation operating a short-line railroad in northern Vermont, constructed an under-pass beneath its tracks in the Town of Wolcott for what is now State Route 15. In compliance with the order of the Board of Railroad Commissioners, the underpass had a "minimum clear height * * *, between the lowest surface of the railroad bridge * * * and the crown of the finished roadway" of 13 feet. Vermont makes it the duty...

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