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NOBLE v. DELAWARE & HUDSON RY. CO.

No. 536-81.

453 A.2d 1109 (1982)

Lyman NOBLE v. DELAWARE & HUDSON RAILWAY CO.

Supreme Court of Vermont.

November 2, 1982.

Attorney(s) appearing for the Case

Richard J. Wright, Poultney, for plaintiff-appellee.

Sargent & White, Morrisville, for defendant-appellant.

Before BILLINGS, HILL, UNDERWOOD and PECK, JJ., and DALEY, J. (Ret.), Specially Assigned.

UNDERWOOD, Justice.

This action relates to the upkeep of a fence along the common border of the plaintiff landowner's property and the defendant railroad's property. The obligation of railroad companies operating in Vermont to maintain good and sufficient fences along their rights of way has been a matter of statute for more than one hundred and thirty years, Davis v. Central Vermont Railway, 88 Vt. 460, 461, 92 A. 973, 973 (1915) (citing 1849, No. 41, §...

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