Louisville & Nashville Railroad v. Stephens

*2Opinion op the Court by

Judge Hurt

Affirming.

The track of the appellant, Louisville & Nashville Railroad Company, as it passes through Daviess county, runs north from Utica station, near the eastern border of a low, flat valley, of a general width of one-half mile and fringed upon either side by hills; and where it passes out of the valley, about two miles to the north of Utica station, the valley turns towards the west, and continues on to Panther creek. The decline in elevation of the surface of the valley, is from the south toward the north, and previous to the construction' of the railroad,…