1831
Stokes & Smith v. Upper Appomattox Co.
Supreme Court of Virginia
30 Va. 318
Millers had obtained land through condemnation to build an abutment to their future mills. Mills were actually built on condemned land, not where originally proposed. Twenty years later, navigation company improved the stream which injured the mills. Millers brought suit and trial court found for navigation company. Supreme Court affirmed. Court held that the earlier condemnation proceedings did not authorize building the mills on the condemned land. Therefore the millers did not obtain a superior right to use of the stream.
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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