Calhoun v. Palmer
Supreme Court of Virginia
This was an action of trespass on the case, brought by William Calhoun against Philip O. Palmer, in the Circuit court of Augusta county.
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This was an action of trespass on the case, brought by William Calhoun against Philip O. Palmer, in the Circuit court of Augusta county. The injury complained of was that the defendant who owned a mill on the Middle river immediately below the land of the plaintiff, had raised his dam, so that the land of the plaintiff was overflowed, and the health of his family injuriously affected. *On the trial of the case the plaintiff proved that the defendant purchased the mill and milldam mentioned in the declaration, in 1844; at which time the j dam did not exceed ten feet in height. That after his…
1Opinion of the CourtBaud Win, J.
It seems to the Court that by the express, provision of the 9th section of the statute concerning mills, &c., 2 Rev. Code, p. 222, no inquest taken by virtue of that act, and no opinion or judgment of the Court thereupon is a bar to any action which could have been had or maintained if the said act had never been made, other than actions for such injuries as were actually foreseen and estimated upon such inquest t And therefore, and inasmuch as the inquest in the record set forth, finds that no person will be injured by the erection of the dam therein mentioned, that the plaintiff in this,…
2Cases cited31 opinions
- Watts v. Norfolk & W. R.West Virginia Supreme Court · 1894
- Chesapeake & Ohio Railway Co. v. RisonSupreme Court of Virginia · 1900
- Knox v. ParkerWashington Supreme Court · 1891
- Crenshaw v. Slate River Co.Supreme Court of Virginia · 1828
- Gaston v. MaceWest Virginia Supreme Court · 1889
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