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This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Nuisance-Damages. For more information on nuisance see the pages on Wikipedia.
1992 Bowers v. Westvaco Corp., 244 Va. 139, 419 S.E.2d 661.
Recovery for physical and emotional injuries in nuisance case.
1966 Finley, Inc. v. Waddell, 207 Va. 602, 151 S.E.2d 347.
Two contractors on state highway project set up plant to make bituminous concrete on job site. Dust and smoke from operations were blown onto plaintiff’s land, ruining pasturage and coating buildings. Plaintiffs recovered verdict on theory of nuisance. However, it was error not to require plaintiff to prove how much damage, if any, each defendant had caused to plaintiff. Liability of joint contributors is not necessarily that of joint tortfeasors. If persons who maintain nuisance act independently, as here, and not in concert with others, each is liable for damages that result from his individual conduct only.
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