Louisville Nashville Rr. v. Drainage Commissioner

Affirming.

The appellant complains of a judgment of the Ohio circuit court wherein, by mandatory injunction, it is required to remove the piling which supports its trestle No. 32, where it crosses the Roy Muffet public ditch in Ohio county, Kentucky. It complains that this injunction would require the construction of a $15,000.00 steel bridge to span this ditch. This action as begun was an action at law to recover alleged damages to this ditch claimed to have resulted to it by the maintenance of a pile bent trestle across it by the appellant, and in the prayer of the petition appellee asked…