Illinois Central Railroad v. Haynes

Opinion op the Court by

Chief Justice Hobson

Affirming.

E. W. Haynes is the owner of 150 acres of land on the line of the Illinois Central Railroad Company south of Arlington, Kentucky. The railroad was double tracked and in this way borrow pits were dug. A few years later Cane creek began to flow over the embankment next to the town of Arlington and into the borrow pits, thus changing the channel of the stream. The water continued in a straight course until it reached the old channel of the creek which it struck at a right angle. This caused the water when it was high to continue in the course…