1915

Wygal v. Wilder

Supreme Court of Virginia

117 Va. 896, 86 S.E. 97

Board of Supervisors wanted to construct public road over lands of Wygal. Viewers were sent out and made report to Board as to just compensation and damages to the residue. Wygal appealed Board’s decision to circuit court. Over Wygal’s objection, report was read to jury as well as the judgment of the Board. Supreme Court affirmed. The report of commissioners and viewers is regarded as conclusive as to the issue of damages until shown to be insufficient to the court’s satisfaction. The Board’s judgment was part of the court’s record and even if omitted, the jury would still have known it was adverse to Wygal, or there would not have been any appeal.

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