1955

Va. Elec. & Power Co. v. Pickett

Supreme Court of Virginia

197 Va. 269, 89 S.E.2d 76

VEPCO sought condemnation of a 100 foot right of way and easement over landowners’ property for transmission line. Commissioners awarded $11,280 for one tract and $7,000 for a second. VEPCO appealed, asserting that awards were grossly excessive, and commissioners had proceeded on erroneous principles. Supreme Court affirmed. The findings of commissioners were entitled to great weight and were not to be disturbed unless there was clear proof they were based on erroneous principles or were so grossly excessive as to show prejudice or corruption. Values decided by the commissioners were within the evidence. Further, VEPCO asserted that there was a previous agreement among the commissioners for a quotient verdict. However, if the method was adopted during deliberations for the sake of arriving at a reasonable measure of damages, and commissioners adopted it as fair and just, it was not objectionable. As one commissioner testified quotient approach was used, it was not improper.

Dissent by Justices Miller and Smith stating this appeared to be a quotient verdict and such a verdict is condemned.

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