Wasioto & Black Mountain Railroad v. Blanton

*135Opinion op the Court by

Judge Miller

Reversing.

The appellee, Blanton, owns a farm of about 300 acres bordering upon the south bank of Cumberland River. On that side of the river the farm slopes gently into the stream, making the water there very shallow.

Prior to 1908 the current of the river was nearest to the opposite or north bank, which was a bold, rocky bluff.

In 1908 the appellant constructed its line of railroad through Bell County, up the Cumberland River into Harlan County, and its road-bed ran along the northern bank of the river above described. In constructing its roadbed appellant,…