1907

Tidewater Ry. Co. v. Shartzer

Supreme Court of Virginia

107 Va. 562, 59 S.E. 407

Railway brought action to assess damages to property adjacent to Railway’s operation. Commissioners awarded $600 to adjacent landowner, whose property was not actually taken, for the annoyance of smoke, noise, dust and cinders arising from the lawful operation of Railway and the resulting depreciation of the property. Trial court confirmed report and Supreme Court affirmed. Statute in effect at that time specifically allowed damages to adjacent property from the construction and operation of a company’s works. Where the use and operation of a railroad depreciated the value of property by the reason of noise, smoke, vibration and the like, the property was damaged within the Constitution and the owner was entitled to compensation.

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