1918

S. Ry. Co. v. Powell

Supreme Court of Virginia

124 Va. 65, 97 S.E. 357

As part of Railway constructing a track on landowner’s property, the Railway agreed to build a crossing, as the track divided the farm in two. At trial, commissioners awarded landowner $2,500 for the take and added language to the report requiring Railway to build crossing at the existing location of a road. Railway asserted that commissioners did not have authority to order crossing be built, and refused to do so. Landowner brought action and secured judgment to make Railway build crossing. Supreme Court affirmed. Under statute in effect at that time, if parties entered into a contract for construction of, among other things, a crossing, this contract was to be reported to commissioners and made part of their report. The commissioners would have awarded larger damages but for the agreement to build a crossing.

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