Louisville & Nashville Railroad v. Davis' Administrator

Opinion of the Court by

Judge Dietzman

— Reversing.

Lothair is located on the Kentucky river in Perry county. On the opposite side of the river is a mountain around which the river flows in a sort of semicircle. On the other side of the mountain, and situated on the same side of the river as is Lothair, is the town of Hazard. There is a county road which skirts the river and runs from Lothair to Hazard, but in 1923 this road was unimproved, and in wintertime was very muddy, and probably impassable for vehicles. The line of the appellant, running from McRoberts to Lexington, crosses the river at…