Sandy Valley & Elkhorn Railway Co. v. Moore

Opinion of the Court by

William Rogers Clay, Commissioner

Affirming.

In the year 1902, John Moore and wife sold and conveyed to the Sandy Valley & Elkhorn Eailway Company a right of way through their farm at Sheiby Gap in *164Pike county, the deed providing that the said right of way was to be 100 feet in width, “and such additional width as may be necessary for outs and fills.” During the same year the work on the road was begun and, after being partially constructed, was abandoned until the year 1911. In that year a slight change was made in the location of the road, and in order to meet this…