Moore v. Chesapeake & Ohio Railway Co.

Opinion op the Court by

Judge Clay

Affirming.

Appellants own a four-hundred acre farm situated on the Big Sandy river about nine miles south of Catlettsburg. For several years appellee has owned and been in possession of a right of way through his farm. Upon this right of way was a single line of railway track. For some time it has been engaged in double-tracking its system for the purpose of keeping up with the increasing *340traffic. To carry out this object, it has adopted the plan of constructing second or switch tracks at numerous points along the line, with the view of connecting them in the…