Madisonville, Hartford & Eastern Railroad v. Thomas

Opinion of the Court by

Judge Settle —

Affirming.

This appeal is prosecuted from a judgment of the Obio Circuit Court entered upon a verdict which awarded the appellees, Thomas and Neighbors, $200.00 damages for the destruction in 1910, by an overflow of water on the land of the former, of certain crops of corn, tobacco and vegetables grown and standing thereon and owned by appellees jointly; it being, in substance, alleged in the petition that the overflow, complained of was caused by a seven-foot embankment, or fill, constituting the bed of the appellants’ railroad, and which extends through…