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ERIKSEN v. ANDERSON

79 S.E.2d 597 (1954)

ERIKSEN et al. v. ANDERSON, State Highway Commissioner.

Supreme Court of Appeals of Virginia.

January 25, 1954.

Attorney(s) appearing for the Case

Shackelford & Robertson, Orange, for petitioners. J. Lindsay Almond, Jr., Atty. Gen., C. Champion Bowles, Asst. Atty. Gen., J. Eldred Hill, Jr., Richmond, for respondent.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH and WHITTLE, JJ.

SPRATLEY, Justice.

In this original proceeding in mandamus the petitioners, Erik J. Eriksen and Louise Close Eriksen, seek a peremptory writ from this court to compel James A. Anderson, State Highway Commissioner, to institute condemnation proceedings against them for the purpose of ascertaining what damages, if any, have been occasioned their property by the negligent operation of a stone quarry by the said State Highway Commissioner.

Briefly stated, the...

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