Norfolk & W. Ry. Co. v. McCoy

Opinion of the Court by

Sims, Commissioner

Reversing.

This is the fourth appeal of this ease from the Martin Circuit Court. As the statements of the facts, and issues appear in the opinions on the former appeals, which are reported in 250 Ky. 190, 61 S. W. (2d) 1080; 257 Ky. 32, 77 S. W. (2d) 392; and 265 Ky. 653, 97 S. W. (2d) 571, we will not set them out herein. However, it is necessary for us to mention the amount of land appellee claims, in the last trial of the case to have been damaged by the. water; - also, to mention certain testimony admitted over defendant’s objection.

The fill which…