1888
Norfolk & W. R. R. Co. v. Stephens
Supreme Court of Virginia
85 Va. 302, 7 S.E. 251
Railroad sought right of way across landowners’ property. Commissioners heard matter and awarded $400 for the take and $1,350 for the damage to the residue which included $550 for fencing on either side. Railroad excepted to the fencing amount and trial court confirmed the entire report. Supreme Court affirmed. The statute in effect at that time required the Railroad to erect a fence on both sides of the road-bed and commissioners were required to consider the estimate of fencing cost and make it part of their report.
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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