Madisonville, Hartford & Eastern Railroad v. Graham

Opinion of the Court by

Judge Nunn —

Affirming.

Appellee owned a farm in Bough river bottom in Ohio county, Kentucky, near the place where Adam’s fork flows into it, and immediately below this point appellants constructed a railroad upon an embankment from eight to ten feet high. The river and bottom, at the point where the railroad crosses them', is about two miles wide. It is in testimony that the bottom is a little higher at and near the river than out from it and that it declines from the banks to the hills. In the bottom upon the side on which appellee’ land is located, there were three or…