1892

Stearns v. City of Richmond

Supreme Court of Virginia

88 Va. 992, 14 S.E. 847

City lowered grade of street and left landowner’s property without sufficient lateral support. The land then collapsed into the street and two buildings were destroyed. Landowner brought civil action against City for the injury, and jury awarded him $1,000. Trial court set verdict aside, and in second trial jury was waived. Trial court found for City. Supreme Court reversed and entered final judgment on jury’s verdict. The question was whether the damages were consequential, as municipality was not liable for consequential damages when using reasonable care and skill. City’s excavation was sixty feet deep, and City had taken landowner’s soil that collapsed and used it on Church Hill Avenue project. If in the execution of lawful public works, there was an excavation and the soil of an individual gave way because of the removal of a lateral support, it was a taking to the extent of such deprivation and the owner was entitled to compensation for the damage. As the damage was direct and not consequential, landowner was entitled to recover.

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