1907

Tidewater Ry. Co. v. Cowan

Supreme Court of Virginia

106 Va. 817, 56 S.E. 819

Landowners had a 2,250 acre cattle farm. Railway was taking 80 acres for a five mile long right of way. Commissioners awarded $10,622 for the take and $21,500 as damages to the residue. Railway objected, arguing that one commissioner was not a freeholder as required, and that award was grossly excessive. Commissioners were examined and gave a detailed explanation of how damages were calculated. Trial court confirmed report. Supreme Court affirmed. Railway did not object to the unqualified commissioner until three months after the trial. That objection came too late. The damages to the residue were not speculative, and flowed directly from the taking of the land. The award was not so excessive or inadequate as to show prejudice or corruption.

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