1927

Highway Comm’n v. Carter

Supreme Court of Virginia

149 Va. 56, 140 S.E. 117

As part of road construction, Chairman needed fill dirt to raise level of roadbed. Unable to reach agreement with landowners, Chairman acquired 4,685 cubic yards of fill dirt and pursuant to a statute in effect at that time, had three freehold viewers see the damage and set a compensation value. The amount set was $550, which the Chairman refused to pay. The landowners then petitioned the circuit court. Chairman requested a jury and trial court refused. Trial court heard case and set damages at $400. Supreme Court reversed and remanded for a jury trial. The report of the viewers was not given the weight accorded a report by commissioners, and the landowners had the burden of proving they were entitled to recover, and of presenting evidence first.

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