Lexington & Eastern Railway Co. v. Sumner

Opinion of the Court by

Judge Clay —

Affirming.

In -building a spur line along Rockhouse creek in Letcher county, the Lexington & Eastern Railway Company condemned a right of way 100 feet wide through a. 150 acre farm owned by John W. Sumner. In addition to taking á1/^ acres of bottom land and IV2 acres of hillside land, -an old house .and a number of .fruit trees were ' destroyed, and the Sumner residence, which immediately adjoined the right of way, was separated from the hot-*789torn land. The commissioners fixed the damages at $4,055.00. The jury in the county court assessed the damages at…