Louisville & Nashville R. R. v. Whitsell

Opinion of the Court by

John D. Carroll, Commissioner

Affirming

Tbe petition of appellee, who was tbe plaintiff below, alleged, in substance, that he was the owner of a tract of land adjoining the right of way of appellant. That tbe east fork of Deer creek, a natural water course with deep and well-defined channel, ran under the track of the railroad, and thence bn the east side of the road, bordering on his land, and furnishing a good drain therefor. That appellant constructed a deep ditch or canal along the west side of its road opposite the creek, and by means of this channel or ditch changed…