Norfolk & Western Railroad v. Rasnake

Citations

• 90 Va. 170
• 17 S.E. 879
• 1893 Va. LEXIS 29

Syllabus

<p>1. Easements — Highways.—No easement in land which has been established as a public road can be acquired by subsequent arbitration proceedings between the original owner and the mover of the proceedings to establish such road, to which the public is no party.</p> <p>2. Injury to highways — Suit for damages — Case at bar. — On R.’s motion the county court established a public road through B.’s land. B. appealed. By consent the appeal was dismissed. The circuit court, at a later term, made an order referring the question of the road and damages to arbitration. The award was entered up, at a term still later, as the order of the circuit court. Afterwards a railway company injured the roadway, and R.., claiming he had acquired an easement therein by virtue of said order, sued said company for damages for the injury.</p> <p>Held :</p> <p>(1) The dismission of the appeal ended the jurisdiction of the circuit court over the case, (2) The award entered as the judgment of that court, even had it had jurisdiction, could not confer on It. any right in the road, which was a public highway. (3) R. had no cause of action for the injury against the company.</p>