1895
Norfolk & W. R.R. Co. v. Carter
Supreme Court of Virginia
91 Va. 587, 22 S.E. 517
Landowner brought civil action against Railway alleging that its track construction had damaged his land by causing a backup of water, and that a large pile of construction debris prevented access to a portion of his land. Case went to jury and they awarded $1,000 in damages. Trial court entered judgment on verdict. Supreme Court affirmed. An owner cannot obstruct the flow of water in a natural watercourse when that blockage damages another. The evidence was sufficient to sustain the verdict.
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.
Back to Eminent Domain Case Finder Main Page
To Case Name Index
To Topic Index
To Date Index