SWINFORD, District Judge.
This is an action in ejectment with a claim for damages for the wrongful occupation and use of a right of way by the defendant company on what is known as a spur track up Fraziers Creek in Floyd County, Kentucky. The property involved is approximately 3300 feet in length and 60 feet wide, except for a distance of 400 or 500 feet in which it is 100 feet in width.
The facts are briefly these: the plaintiff acquired the property in question...
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