Elkhorn & Beaver Valley Railway Co. v. Martin

Opinion op the Court by

Turner, Commissioner—

Beversing.

Prior to the 14th of December, 1911, appellees were the owners of about one hundred and seventy-five acres of land on Beaver creek in Floyd county upon part of which they had theretofore sold and conveyed the mineral rights.

On that day they conveyed to appellant a narrow strip of the land, and it was understood between the parties at the time appellant contemplated the erection of a railroad over this strip. In the spring of 1913 appellant began the construction of such a railroad and did some work on the property of appellees; but a…