1939

Wilson v. State Highway Comm’r

Supreme Court of Virginia

174 Va. 82, 4 S.E.2d 746

Commissioner filed condemnation petition for road construction, commissioners heard case, and made award. Award was paid, and case concluded. Fifteen months later, landowners filed negligence suit alleging that by unlawful acts during road construction, additional damage was caused to the remaining property. Commissioner filed a special plea stating that the trial court was without jurisdiction to hear case against a public official of the Commonwealth. Trial court ruled for Commissioner and dismissed tort action. Supreme Court affirmed. The State was immune from liability for the torts of its agents. If damages increased by Commissioner taking more land than landowner had been compensated for, Commissioner could institute new condemnation proceedings, or the landowners could compel this by mandamus action.

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