1905

Rankin v. Harrisonburg

Supreme Court of Virginia

104 Va. 524, 52 S.E. 555

Town wanted to raise the level on existing dam on Shenandoah River to generate electric power. The raised dam would back water up an additional mile and one half and damage the lands of several owners. Commissioners’ report awarded $3,000 to be divided between three landowners. Town excepted, and trial court struck the award but directed Town to build ferry near the landowners’ property. Supreme Court reversed and granted landowners the award. Any swelling of water over the established line is an invasion of the upstream owners’ rights and constitutes a direct trespass upon their property for which they can seek redress in court. This was true whether there was a direct injury or not.

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