Big Sandy Railway Co. v. Rice's Adm'r

*620Opinion of the Court by

William Rogers Clay,

Commissioner

Affirming.

Isaac W. Vanderpool was tlie owner of a tract of land in Floyd county, Kentucky, on the west side of tlie Big Sandy River, situated on what is known as tlie Joe Auxier Branch, which, is a small stream abont one mile long emptying into the river. On September 4, 1902, Vanderpool and wife sold and conveyed to the Big Sandy Railway Company a right of way through his land for the sum of $420.00, which was paid in cash. Among other stipulations, the deed contained the following:

“The grantee to construct and maintain one grade…