1854

Upper Appomattox Co. v. Hardings

Supreme Court of Virginia

52 Va. 1

Landowner brought suit for damages caused by flooding from construction of dam. After assessment of damages, but before final judgment, owner died. Administrator filed to have cause revived in his name, but trial court revived the cause in the heirs’ names. On appeal, Supreme Court reversed. The decedent’s administrator was the proper party to revive the action. The construction company having been authorized by the legislature, the only question was the amount of private property that had been surrendered for public use, and to assess the amount of compensation. As this claim was personal to the decedent, it passed to her administrator.

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