1852
Mairs v. Gallahue
Supreme Court of Virginia
50 Va. 94
County court granted application to build dam as long as applicant kept ferry boat at the crossing of a road. Appellant argued that the ruling showed the waters of the dam would drown a ford and the application should not have been granted. Supreme Court affirmed. The statute in effect at that time authorized the court to make the applicant prevent impediments to the convenient crossing of a stream on which a dam was to be erected, showing the right to grant the application even where the effect of a dam might be to obstruct a ford.
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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