Carden v. County Court of Nicholas County

Maxwell, Judge:

Upon this certification there is presented the action of the trial court in overruling a demurrer to the declaration and each count thereof.

Stripped of surplusage the first and third counts charge the county court with liability for permanent injury to plaintiff’s land on Peter’s Creek in Nicholas County by reason of the change by the state .road commission of the bed of said stream on land adjoining plaintiff’s, whereby the said stream was diverted from its natural course and thrown against and over plaintiff’s land, causing the said stream to encroach upon plaintiff’s…