Sun Sand Co. v. County Court of Fayette County

Lively, Judge:

The action is trespass on the case for damages to plaintiff’s leasehold occasioned by the construction of a county road through plaintiff’s premises.

Plaintiff had leased and was developing and operating a ledge of sand rock used in the manufacture of glass. The ledge was on the mountain side five hundred feet or more above the Chesapeake and Ohio Railroad and the product was brought down the mountain side by an incline. Defendant constructed its road along the mountain side and under the incline, causing damages to the plaintiff’s incline and trestle, water pipe line, a spring…