1846

James River & Kanawha Co. v. Thompson & Teays

Supreme Court of Virginia

44 Va. 270

Thompson and Teays owned land on either side of the Cole River. The legislature authorized them to build a bridge linking the public roads. For nine years the bridge was not constructed. The legislature then authorized the Company to build a turnpike and fix the site of its bridge, which its engineer located. Thompson and Teays then built their bridge on the site Company had chosen. Company brought action of ejectment and trial court found for Thompson and Teays. Supreme Court reversed and granted judgment for Company, granting them the land for the bridge. The Court held that the land was originally vested in the Commonwealth, and it had the authority to grant the Company the land in fee simple. The Commonwealth also gave the company, by eminent domain, the right to build the bridge on the site it had chosen and where the landowners had built their bridge.

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