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NOBLE v. DELAWARE AND HUDSON RY. CO.

No. 199-79.

421 A.2d 1301 (1980)

Lyman NOBLE v. DELAWARE AND HUDSON RAILWAY CO.

Supreme Court of Vermont.

September 11, 1980.

Attorney(s) appearing for the Case

Richard J. Wright, Poultney, for plaintiff.

Richard C. Sargent, Morrisville, for defendant.

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

BARNEY, Chief Justice.

This action relates to the upkeep of a fence between the plaintiff landowner's property and the defendant railroad's right of way. The allocation of fencing responsibilities between property owners and various railroads has been a matter of statute for more than a hundred and twenty-five years. Davis v. Central Vermont Railway, 88 Vt. 460, 461, 92 A. 973 (1915) (citing 1849, No. 41, § 44). The supervisory authority formerly exercised...

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