Trustees of Cincinnati Southern Railroad v. Hanks

Opinion of the Court by

Judge Clay

Affirming.

This is an appeal from a judgment for $750 in favor of Sam Hanks for injuries to his property alleged to have been caused by soot, cinders, smoke, and jar from passing trains.

The situation disclosed by the evidence.'is this1: Hanks owns a residence and storehouse at High Bridge, in Jessamine county. The railroad which formerly ran some distance from his property, was reconstructed in the year 1929, and its tracks were placed alongside of, and about 150 feet distant from, the property. Appellee and others testified that numerous trains passed each…