NORFOLK AND WESTERN RAILWAY COMPANY v. J. WASELCHALK.

Record No. 911824.

421 S.E.2d 424 (1992)

NORFOLK AND WESTERN RAILWAY COMPANY v. Betty J. WASELCHALK.

Supreme Court of Virginia.

September 18, 1992.


Attorney(s) appearing for the Case

John Y. Richardson, Jr., Norfolk (David N. Anthony, Norfolk, Eugene R. Marable, Jr., Petersburg, Williams, Kelly & Greer, Norfolk, on brief), for appellant.

No brief or argument for Betty J. Waselchalk.

Present: All the Justices.


WHITING, Justice.

The sole issue here is whether a prescriptive right-of-way can be acquired over a public utility's property, which property is being used for a public purpose.

On March 1, 1851, William B. Potts and Charity S. Potts, his wife, conveyed a strip of land running generally east and west across their farm (the Potts-Stanfield farm) to the South Side Railroad Company (South Side) for the construction and operation of a railroad. Because the strip...

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