1917

Richmond v. Mayo Land & Bridge Co.


Supreme Court of Virginia
120 Va. 545, 91 S.E. 615
 

City sought to build new bridge at site of old bridge owned by a public service corporation. Commissioners awarded $112,000 for old bridge, $5,500 for strip of land north of the river and $2,500 for strip south of the river. The award for the bridge take was not contested. The trial court approved the north strip amount, but overruled the finding for the south strip. City appealed the $5,500 and Company appealed the denial of the $2,500. Supreme Court affirmed. The Company’s evidence did not overcome the case of Mayo v. Murchie, 17 Va. 358 (1811), where the appellate court set aside the deed to Company’s predecessor as inoperative to pass title to that south strip. City was incorrect as to an asserted implied dedication of the north strip, as a public service corporation could not dedicate away in any manner an approach indispensable to the use of the bridge, and such attempt would be void as against public policy.

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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