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GLOSS v. DELAWARE & HUDSON R. CO.

No. 95-76.

378 A.2d 507 (1977)

Joseph GLOSS, Lou Gloss, Edward Hawthorne and Jeannette Hawthorne v. The DELAWARE AND HUDSON RAILROAD COMPANY.

Supreme Court of Vermont.

September 12, 1977.

Attorney(s) appearing for the Case

DeBonis & Wright, P. C., Poultney, for plaintiffs.

Sullivan & McCaffrey, Rutland, for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.

LARROW, Justice.

Plaintiffs own land in Poultney, bordering on the railroad right of way of the defendant. Sometime prior to May, 1973, plaintiffs brought a written complaint to the Public Service Board about the ditch and fence between their properties and their maintenance, under 30 V.S.A. § 1474. Hearing was set by the Board for May 3, 1973, at which time the attorneys for the parties informed the hearing examiner that they had resolved their differences and...

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