1912

Arminius Chemical Co. v. Landrum

Supreme Court of Virginia

113 Va. 7, 73 S.E. 459

Landowners brought suit to recover damages for pollution of creek which flowed through their lands, as well as injuries to their lands. The mining process put poisonous acid in the creek upstream, which flowed onto the property and killed acres of vegetation. Jury awarded $800, and over objection, trial court entered judgment on verdict. Trial court had excluded Company’s witness that the presence of the mines in the area had enhanced the value of all properties in the neighborhood, including the landowners, even more than the injury complained of. Supreme Court affirmed. An increase in market value of lands in the vicinity cannot be shown to mitigate the damages resulting from the improper operation of the chemical plant. No matter how important a private business may be, it does not give that business the right to destroy or injure the property of another in which they have common rights.

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