1907
Barnes v. Tidewater Ry. Co.
Supreme Court of Virginia
107 Va. 263, 58 S.E. 594
Landowner possessed two lots, one on the south side of street, through which the Railway would run, and one on the north side which would remain untouched. Railway filed for condemnation and commissioners awarded $3,900 in total compensation and damage for the south property, but nothing for the north. Landowner excepted to report, asserting his north side property would be depreciated. Trial court overruled and confirmed award. Supreme Court affirmed. The evidence that the north side property would be damaged was in great conflict. The report of the commissioners was entitled to great weight, and if it was not grossly inadequate as to show prejudice or corruption by the commissioners, it would not be disturbed.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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