1912
Lynchburg v. Mitchell
Supreme Court of Virginia
114 Va. 229, 76 S.E. 286
City diverted water from a mill onto landowners’ property causing damage. Landowners bought property after diversion started for a reduced price and brought suit against the City for damages. Trial court instructed jury that the landowners’ measure of damages was the difference in value before the water diversion and the value after diversion. Verdict was for landowners. On appeal, Supreme Court affirmed. Although the owners purchased the land after diversion, they were conveyed all the rights to claim damages by the prior owners. The verdict was not excessive as there was evidence to support it.
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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