Chesapeake & O. Ry. Co. v. Carmichael

Opinion op the Court by

Stanley, Commissioner

Be ver sing.

The Chesapeake and Ohio Bailway Company has moved for an appeal from a judgment for $200 against it in favor of William Carmichael for damages alleged to have been caused his growing crops and fences by the negligence of the Bailway Company in failing to keep open a drainage ditch and thereby permitting water to flow upon and flood Ms property. The motion is sustained and appeal granted.

The railroad runs east and west adjacent to plaintiff’s property on the north. South of and parallel with the right of way is Stepstone Creek, which in…