Richmond & Mecklenburg R. R. v. Humphreys

Citations

• 90 Va. 425
• 18 S.E. 901
• 1894 Va. LEXIS 10

Syllabus

<p>1. Railroads — Trespass—liability—Case at bar. — Railroad company, without authority, erected expensive improvements on plaintiff’s land. Becoming insolvent, its franchises and property were purchased hy another company: Held : The purchaser is liable for the land taken without considering the benefit from the construction of the railroad, and for the damage to the residue of the land.</p> <p>2. Idem — Measure of 'damages — Evidence.—In such case, held, the amount of the damages, as respects the residue of the land, is the difference in the market value of the land before and after the taking thereof; and as respects the land taken, including said improvements, is the fair cash market value of the land and said improvements at the time of the taking in view of the uses to which they have been put; and it was not error to refuse to allow a witness to testify that he had donated similar property to the company.</p> <p>3. Practice at Common Law — Continuance.—Under the .circumstances set forth in the opinion, held, not error to deny the motion for continuance.</p>