Big Sandy & Kentucky River Railway Co. v. Allen

Opinion op the Court by

Judge Logan

Affirming.

The appellant Big Sandy & Kentucky River Railway Company owns and operates a short line of railroad passing through the southern portion of Magoffin county. The Dawkins Log & Mill/Coihpany operated trains over the -railroad line for the purpose of transporting its lumber to market. The appellee, on the 29th day of March, 1925, owned and operated a planing mill near the mouth of Salyer branch, which was located near the railroad right of way. About noon on the date mentioned a train drawn by locomotive engine No. 10 passed the house in which the…