Chesapeake & Ohio Railway Co. v. Childers

Opinion of the Court by

Turner, Commissioner

Reversing.

Appellee ip. $924 was the.pwper of traqt of. land, on Marrowbone breek in Pike county, in or near the town of Hellier. It was about 150 feet wide and facing a county road which ran at that point about parallel with the creek, and ran back about that distance or further to the right of way of the appellant railway company. It was a narrow valley and the railroad at the rear of appellee’s property was erected 'and ran alongside of a steep mountain. At the rear of appellee’s place, and beyond the railroad track, a small stream coming down…