Good v. City Of Roanoke

• Decision Date: 22 September 1927
• Parties: GOOD et al. v. CITY OF ROANOKE.
• Court: Virginia Supreme Court

139 S.E. 307

GOOD et al.

v.CITY OF ROANOKE.

Supreme Court of Appeals of Virginia.

Sept. 22, 1927.

Error to Court of Law and Chancery of City of Roanoke.

Eminent domain proceeding by the City of Roanoke against D. Saylor Good and others. To review judgment confirming commissioners' awards, certain parties bring error. Affirmed.

D. Sayler Good and S. H. Hoge, both of Roanoke, for plaintiffs in error.

R. C. Jackson and Funkhouser & Apperson, all of Roanoke, for defendant in error.

WEST, J. The city of Roanoke, desiring to erect a fill and overhead bridge on Jefferson street across the right of way and tracks of the Virginian Railway Company, institutedthose proceedings under the general eminent domain statute to have commissioners appointed to ascertain the damages which will accrue to the owners of lots, no part of which will be taken, abutting on Jefferson street, by the construction and operation of the bridge as contemplated. The commissioners viewed the properties, heard all the testimony introduced before them, which was very conflicting, and reported their findings to the court. They allowed D. Saylor Good $5,500 and Simpson, Basham, and Yeatts $750 damages. All of the abutting landowners, except those named, accepted the awards of the commissioners. To the judgment confirming the allowances of $5,500 and $750, respectively, this writ of error was awarded.

Among the facts stated in the petition are these:

"The city of Roanoke proposes to erect a fill and viaduct on Jefferson street, S., beginning on the north side of the Virginian Railway Company's right of way and extending across said right of way and tracks to a point on the south side of said right of way, as shown by the plat and profile or map as Exhibit No. 1 with the petition in this cause, a copy o£ which is attached to the transcript. The property of the appellant D. Saylor Good lies at the northeast corner of Jefferson street and Green avenue (now called Woods avenue), and is shown on said plat as parcel No. 2. This lot fronts 50 feet on Jefferson street and extends easterly along Green avenue 100 feet to an alley, on which alley is a joint switch connecting the Virginian Railway Company's tracks on the north and the Norfolk & Western Railway Company's track on the south, known as the Roanoke & Southern Division of the Norfolk & Western Railway Company.

"At the intersection of the northerly line of Good's lot with Jefferson street, the fill as proposed will cover the entire width of Jefferson street, including the sidewalk, and will...