Louisville & Nashville Railroad v. Conn.

*479Opinion op the Court by

Judge Thomas —

Affirming.

This is the second appeal of this case, the opinion on the first one being reported in 166 Ky. 327. It is a suit brought to recover damages to the property of the appellee, who was plaintiff below, caused by the water from Paint Lick creek overflowing his premises which he alleges was produced by the improper construction of a bridge across the creek which the defendant constructed in July, 1909, for its railroad track. Plaintiff recovered a verdict upon the first trial for $2,000.00, upon which judgment was rendered, and that judgment was…