Guinn v. Ohio River R.

BraNNOn, Judge:

This action of trespass on the case was brought by Guinn Bros, against the Ohio River Railroad Company to recover damages for injury to a lot of land, and a mill standing upon it, consequent upon the construction and operation of the Big Sandy Railroad along Second avenue, *153in the city of Huntington, in front of said property. The jury found for the plaintiffs four thousand five hundred dollars, for which judgment was rendered, and the defendant appeals.

It is well settled in this State that, though a railroad company has legal authority to build a railroad in a street, yet, if…