1901

Chesapeake & W. R.R. Co. v. Washington Ry. Co.

Supreme Court of Virginia

99 Va. 715, 40, S.E.20

Washington Railroad brought ejectment action against Chesapeake Railroad. Chesapeake attempted to introduce evidence that it had previously obtained title to the land by eminent domain. Trial court excluded reference to prior condemnation based on alleged procedural errors, and jury found for Washington. Supreme Court reversed. The prior proceeding may have been erroneous in some respects, but it was not void. Therefore, its validity could not be impeached in a collateral proceeding, and it was conclusive upon the parties until set aside in the manner provided by law. Not only was it admissible, but it also was a complete bar to Washington’s right of recovery.

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