Louisville N. R. Co. v. Laswell

Opinion op the Court by

Morris, Commissioner

Reversing.

Appellee, plaintiff below, owned a 235 acre farm in Rockcastle County, about 210 acres hill land, the balance bottom land, located on the east side of Roundstone Creek. For 40 years appellant has maintained a railroad on the west side of the creek, running parallel for a short distance. In 1927 appellant constructed a double track along the same line, over a fill of considerable height. In order to carry the water from the upper side it built a concrete culvert 4 feet wide, 4 feet high and 90 feet long. Water passing through the culvert…