Morton v. Chesapeake Ohio Railway Company

Opinion op the Court by

Stanley, Commissioner

Affirming.

The appellants, J. W. Morton and Eva Morton, sued the appellee, Chesapeake & Ohio Railway Company, to recover damages to their, land, covering a period of five years, by reason of the alleged wrongful narrowing or obstruction of a small creek which ran for a short distance on the railroad right of way. It was charged that the water was caused to overflow and cut a channel across their land. They prayed judgment for $2,000, but the jury awarded them only $300, and they appeal.

The ease was pitched upon the ground of negligent maintenance,…