Home/Supreme Court of Virginia/Harris Motor Co. v. Pulaski Furniture Co.

Harris Motor Co. v. Pulaski Furniture Co.

144 S.E. 414, 151 Va. 125
CourtSupreme Court of Virginia
DecidedSeptember 20, 1928
StatusPublished
Cited by6 cases

This text of 144 S.E. 414 (Harris Motor Co. v. Pulaski Furniture Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris Motor Co. v. Pulaski Furniture Co., 144 S.E. 414, 151 Va. 125 (Va. 1928).

Opinion

Prentis, C. J.,

delivered the opinion of the court.

The Harris Motor Company sued the Pulaski Furniture Company, alleging damages caused by the construction of a building by the defendant on its own premises so as to cause the diversion and retention of surface water upon the premises of the plaintiff, whereby its property has been greatly damaged.

There was a jury trial, the defendant demurred to the plaintiff’s evidence, which demurrer was sustained, and there was final judgment for the defendant.

The grounds of the demurrer are thus stated:

“1. That the plaintiff has averred in settling the pleadings that it bases its claim for damages upon obstruction of surface water only.
“2. That this is a controversy between private adjacent property owners, and that in the exercise of dominion by the defendant over defendant’s own property, the evidence fails to show that the defendant exercised its rights in a wanton, careless, negligent, or unnecessary manner.
“3. That the defendant had the right to construct and maintain its buildings on its own property and if it did so in a proper and reasonable manner without inflicting unnecessary injury on the plaintiff, there is no liability and the evidence shows that defendant has committed no legal wrong upon the plaintiff in this respect.
[127]*127“4. That the evidence as well as the avowal of the plaintiff upon framing the issues in this case shows that surface water only was diverted or obstructed by the buildings of the defendant, and that said buildings were constructed and have been maintained in a reasonable, proper and careful manner, and with due regard to the rights of adjacent land owners, including the plaintiff.”

The evidence shows that the plaintiff owns the lot fronting 150 feet on the east side of Washington avenue and north side of Fourth street, in the town of Pulaski, upon which it erected a garage in 1922, and later an addition thereto, covering the entire surface of its own lot. The defendant acquired the land immediately east of the plaintiff’s lot, but twice as wide — that is, 300 feet — extending across and including part of Fourth street, and 500 feet long, running eastwardly through the block to the next street, Madison avenue, upon the west side of which it fronts 300 feet. Upon this lot the defendant, in 1924, erected its building, 300 feet wide and 490 feet long, to within ten feet of the eastern wall of the plaintiff’s building. There is an alley on the north side of both lots, extending from Washington avenue to Madison avenue.

The aceompaning sketch shows the relative size and location of the lots and buildings referred to.

That portion of Fourth street west of Madison avenue and extending westwardly to a point 150 feet east of Washington avenue has been, on the petition of the plaintiff and others, formally discontinued and abandoned to the abutting property owners by the town council, apparently for the reason that it had never been used as a street, and that such use would never be either convenient or necessary.

The defendant thus, as the owner of the abutting

[128]

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Cite This Page — Counsel Stack

Bluebook (online)
144 S.E. 414, 151 Va. 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-motor-co-v-pulaski-furniture-co-va-1928.