1905

Richmond, Fredericksburg & Potomac Ry. Co. v. Johnston

Supreme Court of Virginia

103 Va. 456, 49 S.E. 496

Petition was filed in county court to extend a public road between two railroad tracks and then across the tracks of the RF&P. An award of $125 was made as compensation for opening the road, and circuit court affirmed. Supreme Court reversed and remanded. The construction of a road in an area used by the Railroad for depots, switching yards and stations would be inconsistent with proper regard for the safety of the traveling public. The general authorizing statute was insufficient to allow condemning such a congested area, even though property previously appropriated may be taken again.

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