Chesapeake & Ohio Railway Co. v. Adkins

Opinion op the Court by

Judge Clarke

Reversing in part and affirming in part.

Appellees, Mary E. and Marion S. Adkins, owned a tract of land in Pike county through which appellant’s railroad runs, separating their hill from their bottom land. They sued appellant in the Pike circuit court to recover one thousand ($1,000) dollars damages, alleged to have been done by appellant to their bottom land by diverting the natural flow of water over and across the land, thereby injuring appellees ’ crop and the land. Appellant traversed the allegations of the petition, and upon a trial, the jury awarded to…