Chesapeake & Ohio Railway Co. v. Stein

Opinion op the Court by

Judge Carroll

Affirming.

• This is the second appeal of this case. The opinion on the former appeal may he found in 132 Ky., 322. The facts are so fully stated in that opinion that it seems unnecessary to repeat them here. Upon a return of the case, a re-trial was had and a verdict returned in favor of the appellee for $2,135. From the judgment upon the verdict this appeal is prosecuted.

*516Appellee’s cause of action for damages on account of the depreciation in the value of his property was -based upon the fact that the appellant had raised its railroad tracks in the street…