1871

Stokes & Smith v. Upper Appomattox Co.

Supreme Court of Virginia

61 Va. 344

Landowner brought action against Railroad for damage to property due to flooding caused by manner of roadbed construction which obstructed and diverted floodwater onto the land. Railroad responded that landowner had been fully compensated in eminent domain proceeding and landowner’s prior attempt to collect for flooding damage ended with a defendant’s verdict. Trial court ruled that the allegations of flooding were caused by erosion from flooding that was not part of the earlier case, nor compensated in condemnation proceeding. Jury awarded landowner $1,000. Supreme Court affirmed. Damage by preventing runoff of floodwaters was not foreseeable at time of eminent domain proceedings.

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