1953

Tidewater Const. Corp. v. Manly

Supreme Court of Virginia

194 Va. 836, 75 S.E.2d 500

Tidewater was building tunnel and was sued by landowners for removal of support which damaged their building. Tidewater defended stating that it had not been negligent and could not be liable in the absence of negligence. Jury returned verdict against Tidewater for $9,400. Supreme Court reversed and final judgment. On appeal, landowners conceded they could not prove negligence, but argued that the Tunnel Commission had the power of eminent domain and if the Commission was liable for just compensation for property taken by damage for a public purpose, its agent contractor was also liable. If the constitutional provision created liability regardless of negligence, then that should be imposed on the government entity that had eminent domain power, not the contractor who was free from negligence.

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