1906

Townsend v. Norfolk Ry. & Light Co.

Supreme Court of Virginia

105 Va. 22, 52 S.E. 970

Landowners brought action against Company which had constructed a power generating station nearby. They alleged that the plant’s operation made so much noise, cinders, smoke and soot as to render the residence uninhabitable, and depreciated and damaged the property in the amount of $2,000. Company responded that it was a public service corporation and had operated in accordance with state law and city ordinances, and it was not liable for the natural result of proper operation. Circuit court granted judgment on pleadings to the Company. Supreme Court reversed and remanded. Although Company was a public service corporation, the generation of power to run the streetcars was its private business. The legislature’s grant was not a license to use the privileges to damage the rights of others. Company could be held responsible if it chose a location for the plant where plant would inflict injury on the property rights of others.

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