Cumberland Railroad v. Bays

Opinion op the Court by

Judge Turner

Reversing.

*160In 1905 appellant constructed its railroad along Brush Creek in Knox County, a part of its right of way along that creek having been bought from the appellee, C. H. Bays. In its construction through the right of way purchased from Bays, by reason of the meanders of the creek, it became necessary for appellant to erect certain embankments, and thereby change the course of the creek; the old bed of the creek was in a depression, and at a place where there had formerly been a deep hole of water; after the change this formed a pond of considerable…