Hord v. Holston River Railroad

delivered tbe opinion of the Court.

The controversy in the present case arises on the following facts:

On the 4th day of April, 1906, the complainant conveyed to the railway company a right of way through his tract of land lying in Hawkins county. The consideration expressed in the deed was $1, hut the consideration paid in fact was $250.

The right of way lay over and through a rocky ledge, which had to be reduced to the necessary level by blasting with powder and dynamite.

As the result of the blasting 7.6 acres of very valuable land, belonging to complainant, lying south of the right of way,…