1871
Mitchell v. Thorne
Supreme Court of Virginia
62 Va. 164
Applicants moved to alter public road and viewers were sent to examine and make report. Mitchell objected to the alteration going through his lands. Jury determined there would be no injury to his lands and the alteration was ordered. On appeal to circuit court, the court did not permit Mitchell to put on evidence of the damage to his property, and the trial court affirmed the county court. Supreme Court reversed and remanded. It was error not to allow Mitchell to put on his evidence of damage and inconvenience. Owner is entitled to be compensated for damage to the residue that exceeds the peculiar benefits derived from the new road.
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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