1910
Norfolk & W. Ry. Co. v. Virginian Ry. Co.
Supreme Court of Viriginia
110 Va. 631, 66 S.E. 863
The predecessor of the Virginian petitioned to obtain an easement to cross the line of the N&W. Commissioners were appointed and their award was $1,000 for the easement and $2,500 for damages to the residue. N&W filed exceptions to report in that only four of the five commissioners endorsed the award, and it was grossly inadequate. Trial court affirmed the award and Supreme Court affirmed. The issues were deliberated by all five commissioners and the statute expressly provided that three may act, so a decision by the majority was sufficient. The award was not so inadequate as to justify reversing the trial court.
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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