Lake Erie & Western Railroad v. Young

Howard, J

The appellant’s railroad extends along its right of way through the lands of appellees, crossing Lilly creek, a natural stream of water, on trestle work about thirty feet high and three hundred and twenty feet long.

Appellant being about to fill up this trestle work with earth, except a space to be occupied by a stone arch or culvert w-ith an opening twelve feet wide and ten feet and five inches high in the arch, appellees brought suit to enjoin the work, claiming that the arch would be insufficient for the passage of the waters of Lilly creek, and that great, continuous, and…