Chesapeake & O. Ry. Co. v. Caudill

Opinion of the Court by

Judge Perry

Reversing.

This case is before us on an appeal from a judgment in favor of tbe appellee for $800, found and awarded bim by tbe jury’s verdict as “temporary damages” for injury to bis bouse and land, allegedly caused by its overflow, resulting from tbe negligence of defend ■ant in the construction and repair of its railway trestle, ■erected across Jennie’s creek.

The appellee is the owner of two tracts of land containing approximately 100 acres, situated on the waters of Jennie’s creek in Johnson county, Ky., through which this creek runs and upon one of which…