Joseph McKenna

“ The proposition is very general. To make it available to plaintiff in error, it must be held to cover and protect an owner whose property abuts on one part of a street from damage from obstruction placed in another part of the street, and not opposite his property; not only a physical taking of his property, but damages to it; not only direct damages, but consequential damages. All of these aspects of the proposition seem to be rejected by the decision of the supreme court of appeals of Virginia on the plaintiff's petition for writ of error. ”

“ The substantial thing is not that one may be damaged by an obstruction in a street,-not that one may be specially damaged beyond others,-but is such damage a deprivation of property, within the meaning of the constitutional provision? ”

“ According to the Virginia cases, an additional servitude may be said to be another physical appropriation, and hence another taking, and must be compensated. But the plaintiff's case is not within this doctrine, nor is there anything in the decisions of Virginia which make consequential damages to property a taking, within the meaning of the constitution of that state. Decisions in other states we need not resort to or review. Those of this court furnish a sufficient guide. ”