Kehrer v. Richmond City

Citations

• 81 Va. 745
• 1886 Va. LEXIS 137

Syllabus

<p>1. Municipal Corporations— Grading streets—Damages—Such corporation, acting within scope of its powers with reasonable care and skill, in opening, grading and improving its streets, is not liable to the adjacent owner whose land is not actually taken, for consequential damages to his premises, unless there is a provision in its charter, or in some statute, creating the liability. It is damnum absque injuria. Smith v. Alexandria, 38 Gratt. 208.</p> <p>2. Idem—Declaration—Demurrer.—Where the specification of damages is rested in the declaration only upon the elevation of the grade of the street from which, as alleged, it results that plaintiff is obliged to maintain a wall to prevent earth falling from the street on his premises ; that ingress and egress is made inconvenient and unsafe; that the value of his premises is diminished; that his business has been injured, and that the flow Of rain-water upon his premises causes further damages, a demurrer will lie.</p>