Anderson v. Norfolk & Western Railway Co.

SANDIDGE, Judge.

Oliver Anderson, Lee Anderson, Elsie Miller, Zella O’Brien and Sarah A. Miller, hereinafter referred to as the Anderson Heirs, own a tract of land containing approximately 300 acres on Feds Creek in Pike County.

In 1945 the Norfolk & Western Railway Company, by condemnation proceedings, acquired a right-of-way along the northern boundary of the tract for the construction, maintenance and operation of its railroad, with the right-of-way at some points including a part of Feds Creek. Generally speaking, the right-of-way is along the southern side of Feds Creek, and immediately…