Rutherford v. Louisville & Nashville R.

CLAY, Commissioner.

The four plaintiff appellants sued the Louisville & Nashville Railroad and one Bassham for damages caused by water overflowing their lands after passing through a drainage ditch constructed by the latter. The trial court directed a verdict for both of the defendants, on the ground that the ditch was in existence prior to the time plaintiffs purchased their properties.

*1018Near Shields, Kentucky, the railroad right of way traverses Bassham’s property, and parallels a branch of the Cumberland River. Natural drainage flows from the upper side of the right of way down through his…