Louisville & Nashville R. v. Holzhauer

JUDGE PRYOR

delivered the opinion of the court.

The dwelling and premises of the appellee, John Bonhayo, plaintiff below, were located on or near the railway of the appellant, and the latter, in widening its road, dng and excavated the ground so as to cause the soil to slide and take from his land its natural support, thereby causing the foundation of his dwelling to give way or move from its natural position, &c.

The- plaintiff, as. appears from the testimony, erected his dwelling after the road was constructed, -and it is pleaded as a matter of- defense that the increased weight of…