Norfolk & W. Ry. Co. v. Harmon

Opinion op the Court by

Judge Rees

Dismissing appeal.

The appellees, Elza Harmon and Eark Harmon, alleging that they were the owners and in the actual possession of a certain tract of land in Martin county bordering on the Tug river, brought' an action on July 9, 1933, against the Norfolk and Western Railway Company to récover $2,995, damages alleged to have been caused by stone, dirt, and other materials placed by the company on the banks of the Tug river which diverted the waters of the river and caused them to flow against appellee’s land on the opposite side. The defendant, in its answer,…