Wasioto & Black Mountain Railroad v. Hensley

Opinion of the Court by

Chief Justice Hobson—

Reversing.

Loyd Hensley and his mother, Mary Ann Hensley, owned a tract of 115 acres of land on the north side of Poor Fork in Harlan County, she having a life estate in one-third of the land. The Wasioto & Black Mountain Railroad Company purchased from them the right of way through the tract of land for its railroad and The Callahan Construction Company constructed the railroad as directed by the railroad company. In doing this they diverted the Mary Ann Hensley branch where it intersected the right of way and caused it to flow on the north side of…