Norfolk & W. Ry. Co. v. Little

Opinión of the Court by

Creal, Commissioner—

Reversing.

The Norfolk & Western Railway Company, hereinafter referred to as the company, is appealing from a judgment of the Lawrence circuit court recovered by Bill Little as damages to his farm alleged to have been caused by a fill made by the company along the banks of Tug river which diverted the waters of the river and caused them to flow against the lands of the opposite side.

As appears from the record prior to 1925 the company owned and operated single track line of railroad in West Virginia, practically paralleling the river. Appellee’s farm…