Lexington & Eastern Railway Co. v. Crain

Opinion of the Court by

William Rogers Clay, Commissioner

Affirming.

Charging that the defendants, Lexington & Eastern Railway Co., and the Louisville & Nashville Railroad Co., diverted the natural flow of the north fork of. the Kentucky River and caused the water of that stream to flow against and injure his land, plaintiff, J. P. Crain, brought this suit to recover damages. Prom a verdict and judgment in his favor for $500, the defendants appeal.

Plaintiff’s farm, containing about twelve acres, is located between the towns of Jackson and Quicksand in Breathitt county, and lies on the north'…