Howley v. Chaffee
Howley v. Chaffee
Opinion of the Court
This case (reported in 88 Vt. 468, 93 Atl. 120) is now here on the plaintiff’s appeal from the decree rendered on the question of injunction damages.
Defendant Chaffee is the owner of certain land situated in the city of Rutland, known as the “Richardson” property, on
The plaintiff excepted to the master’s report: “Second.— Because the defendant, by reason of the ordinances of the city, having no right to move the buildings, his damages, if any. such there were, were not the result of or occasioned by the injunction, and he cannot recover. ’ ’
It is argued in support of this exception that the permit to move the barn was revoked by the city authorities on July 7, 1913. But a careful reading of the master’s report shows that such revocation is not found. Besides if it be considered as appearing of record, four days elapsed after the injunction was issued before the time of the revocation. For aught we know, this was ample time in which to complete the job of moving the barn as contemplated, had the work not been stopped by the injunction, and by intendment in favor of the decree, it will be so considered.
Decree affirmed and, cause remanded.
Reference
- Full Case Name
- Patrick F. Howley v. George T. Chaffee and John Burton
- Status
- Published