Chesapeake & O. Ry. Co. v. Hare

WOODS, Circuit Judge.

The plaintiffs, O. S. Hare, Rush Elkins, Mary E. Elkins, and Nannie H. Wainwright, recovered judgment for $7,500 against the defendant, Chesapeake & Ohio Railway Company, for damage to their land alleged to have been caused by the obstruction of the Guyandotte river.

Gilbert, a town of about 500 inhabitants, is situated mainly on the east side of the river. On the west side the plaintiffs in 1920 had laid off into lots and streets about 20 acres of land, 5.51' acres of which was bottom land on the river. They expected to develop these lots *946into a town called Black Pine,…