Miller v. Chesapeake & Ohio Ry Co.

MeRedith, Judge :

Plaintiffs complain of a decree of the circuit court of Summers County, entered January 24, 1922, refusing an injunction and dismissing their bill by which they sought to enjoin the defendant from filling up a roadway adjoin-*259mg plaintiffs’ land and occupying it with its railway tracks, and from 'flooding' their lands by diverting water thereon.

Plaintiffs’ lot forms an irregular triangle at the junction of defendant’s main line of railway with^iNew River, in the City of Avis. The eastern side, adjoining the main line right of way, is about 600 feet long,- the northwestern…