1908

Swann v. Washington-Southern Ry. Co.

Supreme Court of Virginia

108 Va. 282, 61 S.E. 750

Landowners had easements over the lands of the Railway, and due to track expansion, Railway sought to condemn the easements. Commissioners made their report, which awarded $5,100 if Railway did not provide substitute passageway, and $3,000 if it did. Trial court struck out damages with alternative right of way and confirmed the $5,100. Supreme Court reversed and remanded. An easement was an interest in land subject to condemnation. It was permissible to strike out surplusage in the report. However, report also tried to award compensation to “other persons, who will be damaged in their property…” which Commissioners had no jurisdiction to do. A report that takes cognizance of strangers who were not parties to the proceeding, was not binding on the parties and was grounds for rejecting the report.

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