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ROBERTSON v. CINCINNATI, NEW ORLEANS & TEXAS P. RY. CO.

339 S.W.2d 6 (1960)

D. W. ROBERTSON and Loraine Robertson v. CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RAILWAY COMPANY.

Supreme Court of Tennessee.

September 9, 1960.

Attorney(s) appearing for the Case

Joe Timberlake, Jr., Chattanooga, for plaintiffs in error.

Whitaker, Hall & Haynes, Chattanooga, for defendant in error.

TOMLINSON, Justice.

The defendant Railway Company operates its switchyard on property belonging to it within 1,800 feet of the residence of Mr. and Mrs. Robertson. As a result of such operations, Mr. and Mrs. Robertson sued the railroad for damages to this realty. Their declaration specified the activities of the railroad in the operation of this switchyard, and alleged that such operation "constitutes a continuous and perpetual nuisance which has greatly depreciated...

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