Cantrell v. Railway Co.

This is an action to recover damages • for the alleged unlawful obstruction of navigation. Yerdict and judgment being rendered in favor of the defendant, plaintiff appealed in error.

Only a short statement of facts need be made to raise the questions of law which must control the case in this Court.

By its charter the defendant, the Knoxville, Cumberland Gap and Louisville Railroad Company, was authorized to build and operate a line of railway from Knoxville to Cumberland Gap. Tn passing from one of the terminal points to the other it ivas necessary to cross Clinch River, a navigable stream, on…