Levisa River R. Co. v. Phillips

Judge Cammack

Reversing.

The appellants prosecute this appeal from a judgment rendered in the Pike Circuit Court in favor of appellee, who instituted the action to recover for alleged injuries occasioned to his lands- situated upon the Levisa Fork of the Big Sandy River.

Phillips charged that the appellants, in the process of constructing a railroad line along the stream opposite his farm, placed materials of a permanent nature in it, thereby diverting it from its normal course so as to flow upon his property, causing extensive erosion thereto. The appellants answered that the acts and injuries…