Legum v. Harris

Edward Legum, appellant, filed in the court below his petition for a writ of mandamus to compel the State Highway Commissioner, appellee, to institute and conduct condemnation proceedings to ascertain the damages to his building, alleged to have been caused by the con struction of an underpass at the intersection of Tidewater Drive and Little Creek Road, in the city of Norfolk.

The petition alleged that in constructing the underpass the appellee’s contractor excavated deep holes close to appellant’s property and as a result the walls and other parts of his building cracked and were otherwise…