1846

Whitworth v. Puckett

Supreme Court of Virginia

43 Va. 528

Whitworth petitioned to build dam for grist mill. Jury determined Pucketts would be damaged in the amount of $24 for water from dam overflowing seven acres. Over objection of Pucketts, county court allowed dam and that Whitworth would become seized of the land taken on the payment of the award. Matter was appealed to the circuit court, which increased the size of the land to be overflowed and allowed the building of the dam and mill. Supreme Court reversed and remanded for further proceedings. As Puckett only owned one side of the stream, the petition should have been overruled and quashed. The circumstance that a previous mill had once stood at the same place was not sufficient to justify that Puckett owned the acres formerly condemned.

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