Louisville & Nashville Railroad v. Bush

MILLIKEN, Judge.

The issue here is whether the railroad increased the flow of surface water across the land of appellee.

The appellee, Mary Elizabeth Bush, is the owner of low land adjacent to a fill or embankment on which the Louisville & Nashville Railroad Company (hereinafter referred to as the Company) has its tracks. The land on the other side of the railroad fill is higher and would drain normally across the Bush land into Poor Fork of the Cumberland River, if it were not prevented from doing so by the railroad fill. A stone culvert, cut through the fill at the time the railroad was…