1903

Zircle v. Southern Ry. Co.

Supreme Court of Virginia

102 Va. 17, 45 S.E. 802

Southern was granted the acquisition of 2.3 acres of land by the trial court’s condemnation order for the purpose of building a 3,500 foot long spur line to reach Manor Mills. Landowner appealed, asserting that Manor Mills was railway’s customer, and that railway was taking private property for a private use to benefit Manor Mills. Supreme Court affirmed. If the use to be subserved is a public use, the fact that the spur inures to the benefit of a particular individual will not render the use any less public. A railway built to reach an industrial enterprise was for a public use as long as the general public had the right to use it.

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