Louisville Nashville Railroad Co. v. Deacon

Opinion of the Court by

Judge Willis

Affirming.

E. P. Deacon instituted an action to recover damages from the Louisville & Nashville Railroad Company for the destruction of vegetables growing in his garden. It was alleged that the defendant had negligently caused surface water to accumulate and wrongfully permitted it to remain on the plaintiff’s garden with the result indicated. Madisonville, H. & E. Ry. Co. v. Graham, 147 Ky. 604, 144 S. W. 737; Madisonville, H. & E. Ry. Co. v. Thomas, 148 Ky. 131, 146 S. W. 33. Deacon was a minister and occupied the parsonage and premises as a tenant of the…