Darling v. City of Newport News
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of the city of Newport News. Decree for defendant. Complainant appeals.
1DissentSims, J.
The decision of this case, so far as the right of recovery of damages is concerned, turns upon the question whether the appellant had a private right of property in the oysters upon or in the oyster planting ground in the bill mentioned.
If such property right existed the city of Newport News, a municipal corporation, had no right to damage or destroy such property by what would have been a private nuisance at common law if created by a private person. 1 Farnham on Waters, sections 138-b, 138-c, 138-d; Gould on Waters, sections 545-6; Joyce on Nuisances, section 284.
Under the Constitution of…
2Cases cited37 opinions
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- McCready v. VirginiaSupreme Court of the United States · 1877
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
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