Summary
stating that an easement can be extinguished by an Act of God
Summary of this case from Marble Techs., Inc. v. MallonOpinion
No. 7529.
Argued November 25, 1957.
Decided March 3, 1958.
J.B. Cowles, Jr., Williamsburg, Va., and E. Ralph James, Hampton, Va. (James, Richardson James, Hampton, Va., on brief), for appellants.
Ralph H. Ferrell, Jr., Richmond, Va., and Charles E. Ford, Newport News, Va. (R. Allan Wimbish, Richmond, Va., Murray, Ford, West Wikinson, Newport News, Va., and Hunton, Williams, Gay, Moore Powell, Richmond, Va., on brief), for appellee.
Before PARKER, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.
The questions in this case involve local real estate law and the construction of state statutes. They have been decided against the contentions of appellant by a recent decision of the Supreme Court of Appeals of Virginia, which we must accept as binding authority. See American Oil Co. v. Leaman, Va., 101 S.E.2d 540. The decision appealed from will be affirmed on the authority of the case cited, which accords with the opinion of the District Judge in this case.
Affirmed.