Louisville & Nashville Railroad v. Commonwealth

Opinion of the Court by

Commissioner Hobson—

Reversing.

In the year 1927 the appellant doubled tracked its road through Rockcastle county, necessitating the erection of a new bridge across Roundstone creek near Orlando. On September 13, 1928, an indictment was returned in the Rockcastle circuit court against appellant charging it with obstructing the natural flow of the water in Roundstone creek, causing a ford of the creek, about 500 feet above the bridge, to become so deep as to interfere with the public travel across it. Upon the trial of the case the defendant was fined $1,500. It appeals.

The…