1892
Hodges v. Seaboard & Roanoke R. R. Co.
Supreme Court of Virginia
88 Va. 653, 14 S.E. 380
By statute, landowner owned the sixty feet from the front of his dwelling, which went to the center of the street. Railroad sought to lay track in the street and landowner sought an injunction which trial court denied. Supreme Court reversed and issued permanent injunction. The track would be an additional burden to the street in addition to the easement the public already had to travel on it. Therefore, the landowner was entitled to just compensation before a railroad could construct any track across his fee ownership.
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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