Elkhorn & Beaver Valley Railway Co. v. Hagans

Opinion op the Court by

Turner, Commissioner

Reversing.

Appellee is the owner of a farm of forty or fifty acres on Beaver creek in Floyd county, abutting on that stream. Appellant is the owner óf a railroad extending up Beaver creek. The railroad is located on one side of the creek and appellee’s farm on the other.

In this action for damages by appellee it is alleged in substance that within five years prior to the filing of the suit the. two defendants, appellant and Davis, agent of the President, had thrown into said Beaver creek large quantities of dirt, rock and other debris, whereby the…