1906

Newport News v. Lake

Supreme Court of Virginia

105 Va. 311, 54 S.E. 328

A predecessor to the Railway had built a track line on property for which the Lakes held a deed of trust. The Lakes subsequently foreclosed and as owners of the property, ejected Railway from the land. Railway then pursued condemnation as a public service corporation through eminent domain. Commissioners awarded $7,944.05 in damages, which was confirmed by the trial court. Supreme Court affirmed. Railway contended on appeal that the commissioners should have valued the take as it was before the track was put across it. However, the Lakes had come into possession of the street railway, and as it was theirs, they were entitled to seek compensation for Railway’s condemnation.

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