1859

Callison v. Hedrick

Supreme Court of Virginia

56 Va. 244

Landowner brought an action seeking compensation for land taken by company to build a road, but road was not completed. Trial court found for owner, but Supreme Court reversed and remanded. There was no evidence that the company, sanctioned by the municipality, had abandoned the project. Although the Board of Public Works had not succeeded in completing the project within a year, that was not sufficient to make the landowner believe that project had been abandoned and make her decide to forbear bringing claim in a timely fashion. However, if company had no authority to do the work left unfinished, the damage might have been the consequences of a trespass, and a new trial was required.

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