1842
Winchester & Potomac R.R. Co. v. Washington
Supreme Court of Virginia
40 Va. 67
As result of Railroad’s condemnation proceeding, landowner was awarded both set damages and conditional damages if Railroad did not properly construct culvert to correctly drain water in required manner. Railroad failed to do so and action was brought in county court and landowner received judgment. Supreme Court reversed. The Railroad’s charter did not allow for contingent or conditional judgment, or a conditional assessment of damages. Railroad was still liable in action brought by owners injured by a deviation in manner of construction that governed the amount of unconditional assessment of damages.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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