Lexington & Eastern Railway Co. v. Grigsby

Opinion of the Court bt

Judge Miller

Dismissing Appeal.

The appellee, Samuel Grigsby, owned a tract of land containing forty acres lying on Second creek, a tributary of tbe North Fork of tbe Kentucky river, in Perry county. He also owned a large tract of 150 acres which adjoined tbe smaller tract, on tbe rear.

In 1908, Grigsby sold to Eversole tbe fifty-acre tract, “except a right of way through to tbe river and dropping ground.” A “dropping ground” is a place on the bank of a stream to store saw-logs, railroad ties, staves, and tbe products of tbe forest, while waiting for a rise of tbe stream…