1900

Richmond Traction Co. v. Murphy

Supreme Court of Virginia

98 Va. 104, 34 S.E. 982

Streetcar company wanted to relocate its tracks in Broad Street farther away from the landowner’s lot, but the change would require moving the railroad’s tracks closer to the landowner. In the condemnation action the commissioners awarded $2,000 for the take, damages to the residue beyond the peculiar benefits derived from the completed work, and for the change in track location two squares east of the affected lot. Streetcar company excepted to report, arguing that the award did not take into account the moving of the tracks farther from the landowner, and included the change of the railroad tracks two squares east of the lot in question. Supreme Court modified and affirmed the award. The landowner must be compensated for the land taken and any damage to the residue of that tract. There was no provision for consequential damages, as were claimed being east of the lot, and the award was modified and reduced to $1,000.

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