1913

Dismal Swamp R.R. Co. v. John L. Roper Lumber Co.

Supreme Court of Virginia

114 Va. 537, 77 S.E. 598

Railroad filed condemnation petition to take lands of Lumber Company. Lumber Company responded that Railroad was not authorized to condemn land, was not a public service corporation and was not taking land for a public purpose. Trial court agreed with Lumber company and dismissed petition. Supreme Court reversed. It was true that Railroad had one major customer that also owned its stock, had no depots or stations, little rolling stock, no passenger coaches, and paid no tariffs. However, its predecessor, Norfolk and Camden Railroad, was chartered and given the power to condemn property by the General Assembly. Railroad, as successor in interest, retained the power. Railroad was extending its line for public use. Its charter could only be forfeited in a direct proceeding in a court.

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