Louisville & Nashville R. R. v. Hodge

JUDGE ROBERTSON

delivered tiie opinion of the court.

Instead of proceeding to enjoin an alleged nuisance, or suing for the entire damage resulting from a nuisance, the *142appellees — mother and infant son — brought this action of trespass for damages already sustained from occasional inundations of a portion of their lot in Bowling Green, caused by an embankment, on Main Street adjoining their residence, made by the appellant for the track of its railroad. In adjusting the grade of the road through the town the appellant made an embankment across Main Street about six feet high, and this…