Chesapeake & Ohio Ry. Co. v. Patton

Opinion of the Court by

Judge Lassing

Reversing.

Prior to August, 1902, Jonathan Skeans was the owner of two acres of land lying on the Big Sandy river and Middle creek in Floyd county, Kentucky. Said tract was bounded on the south by Middlecreek, on the east by the Big Sandy river, and on the north and west by land owned by one Morgan C. Whittaker. The Big Sandy Railway Co., in the survey of its line of road from Whitehouse to Elkhorn City, passed over the Whittaker farm and through the two-acre tract owned by Skeans, dividing it into nearly equal parts. On the 19th of August, 1902, the said…