Henderson v. Harbison-Walker Refractories Co.

Opinion op the Court by

William Rogers Clay, Commissioner

Affirming.

On December 17th, 1900, Lucinda Henderson and A. T. Henderson and wife, in consideration of $100 cash, sold and conveyed to Gr. E. Carlyle a right of way for a tram road twenty, feet wide, to be located on the west side of Henderson Branch in Carter county. The deed contained the following provision:

*179“It is further agreed that if the party of the second part constructs said tram road through said lands he agrees to put in culverts where necessary to carry away surplus water which may be accumulated by reason of being obstructed…