Fitzhugh v. Louisville N. R. Co.

Opinion op the Court by

Stanley, Commissioner.

Affirming.

This is an action for damages for injury to plaintiff’s, land and crops by the casting of water through a railroad culvert upon it, and for a mandatory injunction for the removal or closing of the culvert. By agreement the case was heard in its entirety by the judge. He rendered judgment for the defendants, and the plaintiffs appeal.

The railroad was constructed about the year 1882r running north and south through the lands of plaintiff’s father, from whom they inherited it when he died in 1932. It appears that a depot was erected nearby…