Alex. & Fred. Railway Co. v. Faunce

Citations

• 31 Va. 761

Syllabus

<p>F leased from Mrs. O tlie land and a fishery in the Potomac river, where the tide ebbed and flowed, with all the privileges attached thereto, for five years, at a rent of $500 a year. He built the necessary buildings, and cleaned out the fish-berth, and was largely engaged in carrying on the fishery. Pending tire lease the Alexandria and Fredericksburg Kail way Company, upon proceedings against O, had the land for their roadbed condemned, and paid into court the damages assessed. In building the road the company made embaukments along the line of the river, pulling down some of F’s buildings, throwing obstructions into the fish-berth, and materially damaging the fishery. In an action by F against the company to recover damages for the injury done to him—Held :</p> <p>1. Tlie legislature has frequently recognized file rights of owners in their respective fisheries on the Potomac, and by various statutes has protected them in their rights, and the company could not in making their road injure the fishery of F without making just compensation for the injury.</p> <p>2. The asssessment and payment of the damages into court does not preclude F from the recovery of damages for the injury he has sustained as lessee of the fishery.</p> <p>3. The court below certified the evidence in relation to the lease and what had been done by F under his lease, but certified that as to whether the road was built upon the strip of land condemned the evidence was conflicting, and the whole of that evidence is not given. The appellate court cannot set aside the judgment and verdict, though the court may not be entirely satisfied that the damages are not excessive.</p>