Chesapeake & Ohio Northern Railway Co. v. Adams

Opinion op the Court by

Judge Dietzman

Affirming.

During the years 1915-1917, the appellant, Chesapeake and Ohio Northern Eailway Company, built a line of railroad from Limeville, Kentucky, to Glen Jean, Ohio, crossing the Ohio river at 'Sciottoville. About two miles north of the river, a large fill known as the “Clarke fill” was constructed when the railroad was built. This fill is approximately three thousand feet in length, the maximum height being from fifty to sixty feet. At each end of the fill the railroad passes through a rock cut. Operation of trains over this line of track was begun in…