Chesapeake & Ohio Railway Co. v. Childers

Opinion op the Court by

Judge McCandless—

Affirming.

Plaintiff, Albert Childers, sued the Chesapeake & Ohio Eailroad Company for temporary injury to certain dwelling houses and lots by reason of a flood carrying dirt and debris on the lots and otherwise injuring the houses; it being alleged that this was caused by the closing of. a culvert and the collapse of a fill constructed by defendant across a drain above the property. From a judgment for $800, the railroad company appeals.

A former judgment herein in favor of Childers for $1,000 was reversed by this court on the sole ground that the…