1954

Heldt v. Elizabeth River Tunnel Dist.

Supreme Court of Virginia

196 Va. 477, 84 S.E.2d 511

Landowner filed suit against Tunnel District alleging that during the construction of a tunnel for public use, large quantities of water were caused to flow under her buildings damaging the foundation and walls. Matter was heard by a jury which found for Tunnel District. Trial court had instructed the jury that the Tunnel District was not liable for the damage if landowner’s own negligence caused the foundation weakening. Supreme Court reversed and remanded. Landowner’s cause of action was based on language in the Constitution of Virginia that the General Assembly should not enact any law whereby private property was taken or damaged for public uses without just compensation. Right of recovery for damage done by agency with eminent domain power was not predicated on proof of negligence. It was error to instruct jury that the landowner’s negligence would defeat her recovery, for notwithstanding her negligence the jury may have found some of the damage was caused by the construction and severable from what any of her negligence may have caused.

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