Madisonville, Hartford & Eastern Railroad v. Kittinger

Opinion op the Court by

Judge Nunn

Affirming.

Appellees brought tbis fiction to recover of appelT lant $575.00 as damages for tbe injury and destruction of their corn, sorghum and wheat crops planted in 1909. It appears that appellant constructed a railroad across the lands of appellees in 1896, which went through a bottom and across a creek in a diagonal course. The testimony shows that the lands of appellees were higher on each side of and nest to the creek than hack from it a dis*644tance. To be more explicit there was a depression on each side of and a distance from the creek, along which water…