Chesapeake Ohio Railway Company v. Friend

Opinion of the Court by

Judge Clay

— Reversing.

This case is before us on motion for an appeal from a judgment in favor of appellee for $400.

Appellee owns about an acre, of land near West Van Lear, in Johnson county. Located thereon are two small dwelling houses and a store building. Immediately north of the property is a county road. North of the county road is appellant’s right of way. East of appellee’s property is a small creek which runs over the county roar] and through a culvert underneath appellant’s tracks. In the fall of 1926, and the -winter and spring’ of 1927, appellee’s property…