1846
Chesapeake & Ohio Canal Co. v. Hoye
Supreme Court of Virginia
43 Va. 511
Canal Company made application to condemn property of landowner for its purposes. Jury examined the land and awarded $5,769. Canal Company asserted that the jury had incorrectly determined the land to be damaged, but both the county and circuit courts affirmed the award. Supreme Court reversed and remanded. The jury inquest was fatally defective on its face. The jury failed to consider the height of a proposed dam, the quantity of land that would be covered by overflowing water, its value, and any damages for injury or inconvenience.
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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