Richmond & York River R. R. v. Wicker
Supreme Court of Virginia
The Richmond and York river rail road company were authorized by the council of the city of Richmond, to bring their road into the city by a route and in a mode agreed upon by the council and the company. This route passed through a lot'purchased by the company of Freeman, which adjoined a lot owned by Lucy Ann Wicker and her children, upon which there was a dwelliDg-house which was rented out by them.
Read the full summary
The Richmond and York river rail road company were authorized by the council of the city of Richmond, to bring their road into the city by a route and in a mode agreed upon by the council and the company. This route passed through a lot'purchased by the company of Freeman, which adjoined a lot owned by Lucy Ann Wicker and her children, upon which there was a dwelliDg-house which was rented out by them. The company having commenced to excavate the track for their road on the lot purchased of Freeman, at the distance of about fifteen feet from the dwelling-house on Wicker’s lot, Mrs. Wicker,…
1Opinion of the CourtSamuels, J.
In this case the question is presented, Whether the general assembly intended by the statute, Code, ch. 56, § 4, p. 292, to forbid the construction of works of internal improvement within the space of sixty feet about any dwelling-house whatever, by whomsoever that space may be owned, or only to protect the owners in the enjoyment of their dwelling-houses, and of a space of sixty feet of their own land lying about such dwelling-houses? In my opinion, the terms of the statute, standing alone, import that a dwelling-house and a space of sixty feet about it are exempt from invasion by internal…
2Cited by5 opinions
- McConiha v. GuthrieWest Virginia Supreme Court · 1882
- Hodges v. S. & R. R. R.Supreme Court of Virginia · 1892
- James Riv. & Kan. Co. v. ThompsonSupreme Court of Virginia · 1846
- James Riv. & Kan. Co. v. ThompsonSupreme Court of Virginia · 1846
- James Riv. & Kan. Co. v. ThompsonSupreme Court of Virginia · 1846