Payne v. Smith

Opinion of the Court by

Chief Justice Sampson—

Reversing.

These two causes, and a third one not appealed, were tried .in the Ohio circuit court, Lanham being awarded damages in the sum of $300.00, Smith damages in the sum of $250.00, and Brown, etc., the sum of $100.00, against the railroad company. The railroad company prays an appeal from the judgment in favor of Lanham and Smith. Both Smith anl Lanham own tracts of land in a narrow *565valley in Ohio county, across which the Louisville & Nashville Bailroad Company maintains its tracks upon! an embankment or fill. These suits were brought…