Townsend v. Norfolk Railway & Light Co.

Citations

• 105 Va. 22
• 52 S.E. 970
• 1906 Va. LEXIS 6

Syllabus

<p>1. Stbeet Railways—Power House—Location—Nuisance—Injury to Adjacent Property.—An electric street railway company is, under the terms of the Constitution of this State, a public service corporation. As such it has duties both of a public and of a private nature. In the operation of its cars in the transportation of freight and passengers it exercises a public duty, and if an injury is inflicted on another in doing what by law it may be required to do, and doing it without negligence, it is damnum absque injuria; and while an electric railway cannot be operated without a power house, still the selection of a site for the power house and the generation of power to propel its cars is the mere private business of the company with which the public has no concern. Such location is a matter of indifference to the public, and, in making it, the company stands on the footing of an individual, and is not entitled to any superior immunities. The grant of legislative and municipal authority to construct and operate its road in a city, does not confer authority to locate a power house where it would be a nuisance, nor authorize the company to molest or to injure the property of others by the operation of a power house, although operated without negligence. If injury to others is inflicted by the operation of such power house the company is liable.</p> <p>ON REHEARING.</p> <p>2. Nuisance—Electric Power—Legislative Authority—Privilege—Public Duty.—Legislative authority to a company to establish and maintain the business of a general railway and electrical company, and to erect, maintain and operate plants for the generation of electricity for its own use and for sale to other persons, does not authorize the establishment of such plants wherever the company may choose to place them, without reference to the property or rights of others. The right to erect such plant, by whatever name it be called, is a mere privilege and is not imposed as a duty. To escape liability for a nuisanc