Norfolk & Western Railway Co. v. Hayden
Court of Appeals of Virginia
Appeal from a decree of the Circuit Court of Nottoway county. Decree for complainant. Defendant assigns error. Statement of the Case and Facts by Sims, J. This is a suit in equity by appellee, plaintiff in the court below, against appellant, defendant in the court below (hereinafter referred to as plaintiff and defendant), for an injunction prohibiting the defendant from any longer maintaining a certain dam located across Lazaretto creek a short distance below the lands…
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Appeal from a decree of the Circuit Court of Nottoway county. Decree for complainant. Defendant assigns error. Statement of the Case and Facts by Sims, J. This is a suit in equity by appellee, plaintiff in the court below, against appellant, defendant in the court below (hereinafter referred to as plaintiff and defendant), for an injunction prohibiting the defendant from any longer maintaining a certain dam located across Lazaretto creek a short distance below the lands claimed to be owned by the plaintiff, the latter located, on one side of and extending to the original bed of such creek, by…
1Opinion of the CourtSims, J.
It is apparent from the above statement of facts that unless there is something to take this case out of the general rule operating on the subject, if it were conceded that the plaintiff has proved title originally in himself to the land he claims to own (which is controverted and upon this question we do not find it necessary to pass), since the injury of which he complains arose fromi the flooding of his lands by reason of the dam above mentioned — a permanent structure — the cause of action for such injury arose at the time of the first commencement of the injury following the original…
2Cases cited1 opinion
- Norfolk County Water Co. v. EtheridgeSupreme Court of Virginia · 1917
3Cited by3 opinions
- McWhorter v. City of ClarksburgWest Virginia Supreme Court · 1931
- Chapman v. DelkSupreme Court of Virginia · 1941
- McWhorter v. City of ClarksburgWest Virginia Supreme Court · 1931