Chesapeake Ohio Railway Company v. Clifton

Opinion of the Court bt

Judge Thomas

Reversing.

The appellant and defendant below, Chesapeake & Ohio Railway Company, owns and operates a railroad through portions of Floyd county, the right of way of which is 100 feet wide, and a portion of it, upon which is located the railway track, is near the Big Sandy river. Between that stream and the right of way the appellee and plaintiff below, Willie Clifton, owns a small lot containing less than half an acre, upon one end of which is his residence, and the other one joins defendant’s right of way. From the Big Sandy river runs a slough or swag, the…