Cline v. Norfolk & Western Railway Co.

BraNnon, Judge:

The Norfolk & Western Railway Company constructed two *437fills or embankments on one side of Tng river for a second track, invading the river. One of these fills was ¡just across the river from a tract of land owned by James J. Cline. In 1907 and again in 1908 high water came in Tug river and washed away a considerable quantity of Cline’s land and the trees thereon. Cline sued the railway company and obtained a verdict and judgment for $150, and the company brought this writ of error.

One defence of the action presented for our consideration is, that the railway company built these…