ANDERSON v. STUARTS DRAFT WATER COMPANY


87 S.E.2d 756 (1955)

197 Va. 36

J. A. ANDERSON, Commissioner, Virginia Department of Highways, Commonwealth of Virginia, v. STUARTS DRAFT WATER COMPANY, Incorporated.

Supreme Court of Appeals of Virginia.

June 13, 1955.


Attorney(s) appearing for the Case

J. Lindsay Almond, Jr., Atty. Gen, Francis C. Lee, Asst. Atty. Gen, M. Harris Parker, Richmond, for plaintiff in error.

Wayt B. Timberlake, Jr., Lyle G. Weller, Staunton, for defendant in error.

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


BUCHANAN, Justice.

The State Highway Commissioner brought this declaratory judgment proceeding, Code, § 8-578, to have an adjudication of his rights with respect to lowering the grade of a road as against the right asserted by the appellee, Stuarts Draft Water Company, Incorporated, to occupy the subsurface of the road within the right of way with its pipe line. The issue developed was whether the pipe line must be removed or relocated at the expense of the Highway...

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