LEVISA RIVER R. CO. v. PHILLIPS


227 S.W.2d 922 (1950)

312 Ky. 367

LEVISA RIVER R. CO. et al. v. PHILLIPS.

Court of Appeals of Kentucky.

February 28, 1950.


Attorney(s) appearing for the Case

Hobson & Scott, Pikeville, Browning & Gray, Ashland, for appellants.

J. E. Childers, Pikeville, for appellee.


CAMMACK, Judge.

The appellants prosecute this appeal from a judgment rendered in the Pike Circuit Court in favor of appellee, who instituted the action to recover for alleged injuries occasioned to his lands situated upon the Levisa Fork of the Big Sandy River.

Phillips charged that the appellants, in the process of constructing a railroad line along the stream opposite his farm, placed materials of a permanent nature in it, thereby diverting it from its normal...

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