1879

Alex. & Fred Ry. Co. v. Faunce

Supreme Court of Virginia

72 Va. 761

Faunce leased land and a fishery in the Potomac River. Railroad constructed roadbed with embankment and obstructions that destroyed the ability to use property for fishing. Railroad had earlier paid amounts commissioners awarded to lessee for the take and damage to the residue. Railroad pled payment as a defense to Faunce’s action for trespass. Trial court allowed matter to proceed and jury awarded $3,400. Railroad argued prior compensation was for any damage and no separate action could be maintained. Trial court entered judgment on verdict and Supreme Court affirmed. By expending effort and money to expand fishing operation including erecting buildings, Faunce had acquired valuable riparian rights which could not be damaged without consideration. Further, the Railroad had relocated where the track was built from what was presented in the condemnation proceeding and reported by the commissioners.

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