Johnson v. Lake Drummond Canal & Water Co.
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Norfolk county. Decree for defendants. Complainants appeal. The bill in this cause is as follows: “Humbly complaining show unto your Honor your orators, W. S. Johnson, T. B. Johnson and William H. Deal, who sue for the benefit of themselves, and all other persons similarly situated who may desire to become parties to, and will contribute to the costs of this suit, the facts following : “1: That the said W. S. Johnson, T. B.…
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Appeal from a decree of the Circuit Court of Norfolk county. Decree for defendants. Complainants appeal. The bill in this cause is as follows: “Humbly complaining show unto your Honor your orators, W. S. Johnson, T. B. Johnson and William H. Deal, who sue for the benefit of themselves, and all other persons similarly situated who may desire to become parties to, and will contribute to the costs of this suit, the facts following : “1: That the said W. S. Johnson, T. B. Johnson and William H. Deal are the owners separately of five separate tracts of land situated in Norfolk county, Virginia,…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
*153[1] It will be apparent from the reading of the bill and from reference to the section of the topographic sheet above shown, that the case is not one of an obstruction or disuse threatened to the whole of the Gilmerton cut or canal, but only of an obstruction to the continuous passage of it. It may still be used at both ends, on either side of the obstruction caused by the railroad crossing of the canal. But that obstruction, as is obvious, will be a serious detriment to the navigation aifected and,…
2Cases cited8 opinions
- Allen v. City of DetroitMichigan Supreme Court · 1911
- Ladd v. City of BostonMassachusetts Supreme Judicial Court · 1890
- City of San Francisco v. Spring Valley Water WorksCalifornia Supreme Court · 1874
- Flynn v. New York, Westchester & Boston Railway Co.New York Court of Appeals · 1916
- Walsh v. Columbus, Hocking Valley & Athens RailroadSupreme Court of the United States · 1900
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