Lexington & Eastern Railway Co. v. Baker

Opinion of the Court by

William: Rogers Clay,

Commissioner — Reversing.

On the east bank of the North Fork of the Kentucky ¡River in the town of Hazard, Kentucky, R. C. Baker owned a lot upon which were located a house and barn. During the years 1910 and 1911 the Lexington & Eastern Railway Company was engaged in constructing its road along the west bank of the river. At a point only a little over 200 feet from Baker’s residence there was a cliff of solid rock. In reducing the grade and constructing the roadbed, they used dynamite and other explosives and threw large quantities of rock on…