Cherry Bros. v. Tennessee Central Railway Co.

Opinion op the Court by

Drury, Commissioner

Reversing.

The appellants, whom we shall refer to as Cherry Bros., were unsuccessful in an ejectment proceeding which they began against the Tennessee Central Railway Company, which we shall refer to as the Tennessee Central, and C. E. Southall, whom we shall refer to by name. In 1903, the railroad now owned by the Tennessee Central, was built from Nashville, Tenn., to Hopkinsville, Ky., and crossed in almost a north and south direction the farm of Mrs. Annie McKee. When the railroad was built, a public road was soon thereafter opened along…