Bingham v. Lexington & Eastern Railway Co.

Opinion of the Court by

Judge Quin

Affirming.

Appellants are the owners of several lots in the town of Hazard, fronting on what is known as Main or Maple *49street, and extending hack to the river. About the time they purchased these lots appellee constructed its roadbed opposite their property and in so doing made a fill extending some 25 or 30 feet into the river, and it is alleged that in so constructing its roadbed it caused rocks and other substances to be thrown into the river on the south side thereof to such an extent as to change the current of the river, thus throwing the current against…