Kirk v. Norfolk & Western Railway Co.

Hatcher, Judge :

Plaintiff owns a tract of land' below defendant’s railroad. This action is to recover temporary damages to the tract allegedly caused by the manner in which defendant has piped the water from the hills above, under its roadbed onto the tract. The trial court directed a verdict for defendant and entered judgment accordingly.

Defendant purchased its right-of-way from one J. H. Adair who was also a predecessor in title of plaintiff. Defendant pleaded a judgment recovered against it by Adair as res judicata. In support thereof, defendant introduced the pleadings, the judgment and…