Norfolk & W. Ry. Co. v. McCoy

Opinion op the Court by

Stanley, Commissioner

Beversing.

The appeal is from a judgment of $1,787.08 for damages to the land of the appellee caused by the diversion of Tug fork of Big Sandy river. The farm lies on the inside of a sharp, horseshoe bend. Across the river in West Virginia the appellant in 1925 made a 2,800-foot fill at the side of a cliff tor a new second track. The section of the fill affecting the river and ap-pellee’s property is about 400 feet long and 70 feet high. Its base projected into' the river. According to some of the witnesses, some of it extended half-way across, the…