Chesapeake & Ohio Railway Co. v. Weddington

Opinion op the Court by

Judge Rees

Reversing.

The appellee, Grant Weddington, owns a tract of land of approximately 175 acres situated on both sides of Prater creek in Floyd county, Ky. The right of way of appellant adjoins appellee’s land, and between the railroad right of way and Prater creek appellee owns a strip of land approximately 37 feet in width.

Appellee brought this suit for damages, and in his petition alleged that the railroad company “unlawfully, wrongfully and without right piled upon its right of way adjacent to the lands of this plaintiff and to Prater creek, an unusually large…