Louisville & Nashville Railroad v. Saltzer

At the January Rules, 1923, J. J. Saltzer brought his action against the railroad company (hereinafter called defendant) to recover damages to a tract of land caused by *167changing the channel of Powell’s river, which flows through the land of the plaintiff. There was a verdict for the plaintiff, which the court refused to set aside, and the defendant is here assigning error.

The declaration alleges that, pursuant to the provisions of an act of the General Assembly of March 30, 1887, the defendant began the construction of its railroad from its Cumberland Yalley Division, in Kentucky, into the…