Lexington & Eastern Railway Co. v. Boatright

Opinion of the Court by

William Rogers 'Clay, Commissioner

Affirming.

Charging that the defendant; Lexington & Eastern Railway 'Company, had changed the channel' and diverted the waters of the Kentucky River so' as to cause them to flow against and cut away a portion of his land, plaintiff, H. -C. Boatright, brought this action to recover 'damages. The' trial resulted in a verdict and judgment in plaintiff’s favtxr for $200.00. The defendant appeals.

Plaintiff is the owner of about ten acres of land, situated in Letcher County, on the waters of the Kentucky River. Between his residence and the…