1905
Bishop v. Bagley
Supreme Court of Virginia
104 Va. 29, 51 S.E. 205
Bishop applied to circuit court to build a mill and mill dam on Flat Rock Creek. Commissioners made report which concluded that the dam would create stagnant water which would cause malaria, chills and fever. Trial court accepted report and dismissed application. Supreme Court affirmed. Statute in effect at that time stated that if the health of the neighbors would be annoyed, leave would not be granted. Such a report was conclusive against the party applying to build the mill.
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.
Back to Case Finder Main Page
Volume One Indexes:
To Case Name Index
To Topic Index
To Date Index
To Code Section Index