1875

Wash., Cin. & St. Louis R. R. Co. v. Switzer

Supreme Court of Virginia

67 Va. 661

Railroad desired right of way and petitioned to take a portion of Switzer’s land. Commissioners reported and awarded Switzer $1,250. Railroad excepted to the award as excessive and asserted that commissioners had refused to hear Railroad’s witnesses as to what damage Switzer’s land would sustain. Trial court refused to hear any evidence of commissioners’ actions and limited hearing to whether award was excessive. After hearing evidence as to damages to the residue, the trial court affirmed the report. Supreme Court reversed. All matters concerning the validity of the report and the action of the commissioners were open for investigation. Railroad was entitled to impeach the report by showing the commissioners had improperly refused or failed to hear testimony on compensation or damages.

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