Home/Supreme Court of Virginia/Raleigh Court Corp. v. Faucett

Raleigh Court Corp. v. Faucett

124 S.E. 433, 140 Va. 126, 1924 Va. LEXIS 161
Supreme Court of Virginia·Decided September 18, 1924·Published·Cited by 13 cases

Opinion

Burks, J.,

delivered the opinion of the court.

This was a proceeding by motion for a judgment brought by Mrs. Faucett, hereinafter called the plaintiff, against the Raleigh Court Corporation, hereinafter called the defendant, to recover a judgment for damages to a lot owned by her in the city of Roanoke. The cause of action arose out of the opening and grading of a street on a lot owned by the defendant adjacent to the lot owned by the plaintiff. The plaintiff claimed damages both on account of surface water thrown back on her premises, and on account of the filling up of its lot by the defendant. The defendant filed a plea admitting temporary damages to the plaintiff to the amount of $50.00 on account of the surface water and paid that amount into court, but denied all other damages. The jury found a verdict for the plaintiff for $1,460.00, which the trial court refused to set aside, and defendant applied for and obtained a writ of error.

There is little dispute about the facts. The following [130]*130statement of facts, taken from the petition, is substantially correct:

“Prior to the year 1911, the defendant, a private corporation, acquired and subdivided into lots a large boundary of land which has subsequently been included within the corporate limits of the city of Roanoke. The defendant had prepared a map of the subdivision, which has never been recorded, but which is filed by it as an exhibit in the record. It is a portion of the block shown on that map as section 24 that is involved in this litigation. That block is bounded on the west by Arlington road, which runs approximately north and south; on the east by Blenheim road, which is parallel to Arlington road; on the south by Sherwood avenue, which is at right angles to Arlington and Blenheim roads; and on the north by Elmington avenue, which runs at approximately a right angle to Arlington and Blenheim roads. Midway between and parallel with Arlington and Blenheim roads and connecting Sherwood and Elmington avenues, is an alley designated as Shady Lane.

“Lots 1 to 14, inclusive, of section 24, front west on Arlington road, and lots 15 to 27, inclusive, front east on Blenheim road. Lots 1 and 15 are the most southerly lots in the block, and lots 14 and 27 are. the most northerly lots in the block. Lots 8 and 9, owned respectively by the plaintiff and defendant, are involved in this litigation. Sherwood avenue, which bounds section 24 on the south, does not cross Arlington road on a straight line but enters it from the west about midway of the block and opposite lots 8 and 9 here involved. Reference to the sketch here inserted will make the situation easily understood.

[131]*131

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Raleigh Court Corp. v. Faucett, 124 S.E. 433, 140 Va. 126, 1924 Va. LEXIS 161 (Va. 1924).

124 S.E. 433 (Raleigh Court Corp. v. Faucett) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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