1895

Home Bldg. & Conveyance Co. v. Roanoke

Supreme Court of Virginia

91 Va. 52, 20 S.E. 895

Pursuant to authority in its charter, City of Roanoke agreed with N & W Railway to build approaches to bridge over railroad and Railway would construct bridge. Level of street grade was raised and Home Building sought injunction to stop work. Injunction request was ultimately denied and appeal was taken. Supreme Court affirmed. In making the improvement, the City was the agent of the State, and performing a public duty imposed by the legislature. Persons who were authorized by law to improve a highway were not answerable for consequential damages if they acted within their jurisdiction and with skill and care. Although street improvement may be attended by damage as a necessary incident to adjoining lots, it carried no legal liability.

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