1890

Atlantic & Danville R.R. Co. v. Peake

Supreme Court of Virginia

87 Va. 130, 12 S.E. 348

Landowner purchased farm after Railroad had constructed its tracks. Landowner asserted that Railroad had failed to place sufficient drainage for creeks and streams over which the tracks had been built, and flooding had caused much damage. Railroad argued that only funds it was required to pay was eminent domain compensation to the prior owner. Trial court found for landowner and Supreme Court affirmed. Railroad was negligent in failing to construct tracks in a skillful manner, which negligence caused the loss. Any damages for negligence were not to be considered in the report of the condemnation commissioners.

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