Legal Opinion

Virginian Power Co. v. Brotherton

West Virginia Supreme Court

Decided January 31, 1922PublishedCited by 16 opinions

Error to Circuit Court, Kanawha County. Proceedings by the Virginian Power Company against W. T. W. Brotherton and others to condemn land. Judgment for defendants, and plaintiff brings error.

1Opinion of the Court

Miller, Judge:

In a proceeding begun by plaintiff to condemn a right of way for a high power transmission line through defendants’ land and to have the damages assessed therefor, the commissioners awarded the defendants for the right of way, less than a fee, taken, and damages to the residue, the sum of $140.00, but on exceptions taken to their award, the amount was increased by the verdict of a jury to $1,000.00.

The proposal of the plaintiff was to take, not the fee, but a mere easement or right of way over a strip 55 feet wide and 1040 feet in length, with right to defendants to use the land…

2Cases cited2 opinions

  1. Buckhannon & Northern Railroad v. Great Scott Coal & Coke Co.West Virginia Supreme Court · 1914
  2. Cincinnati Gas Transportation Co. v. WilsonWest Virginia Supreme Court · 1911

3Cited by16 opinions

  1. State Road Commission v. FergusonWest Virginia Supreme Court · 1964
  2. Lewis v. MosorjakWest Virginia Supreme Court · 1958
  3. Tennessee Gas Transmission Co. v. FoxWest Virginia Supreme Court · 1950
  4. Chesapeake & Ohio Railway Co. v. JohnsonWest Virginia Supreme Court · 1950
  5. Toppins v. OshelWest Virginia Supreme Court · 1955

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