Louisville & Nashville Railroad v. Bennett

Opinion op the Court by

Turner, Commissioner—

Beversing. -

Appellee is the owner of a farm of sixty-five and a fraction acres adjacent to the right-of-way of the Lonisville & Nashville Bailroad Company in Muhlenberg connty.

The petition seeks a recovery for temporary damages to plaintiff’s crops on about fifteen or twenty acres *680of his farm brought about by water backing up and standing upon his land in great quantities and for unusual lengths of time, which, as alleged, was caused by (1) the negligent construction of a fill or embankment by the railroad company and its negligent failure to…