Norfolk & W. Ry. Co. v. Fitch

Opinion of the Court by

Stanley, Commissioner

Reversing.

This is a companion case to Norfolk & Western Railway Company v. McCoy, 250 Ky. 190, — S. W. (2d) — , decided today.

The appellee’s land lies adjacent to and below McCoy’s. It is not in the bend of the river, and is-nearly a half mile from the fill described in the other opinion. The farm contains abont 56 acres, of which about 6 acres is level; the rest being hill land. The description is general, bnt the railway company shows that it fronts the river 2,040 feet. The stream flows straight for 1,000 feet below the obstruction .before…