xt70zp3vt865_169 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/mets.xml https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46.dao.xml unknown 14 Cubic Feet 31 boxes archival material 63m46 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Harkins Family papers Mineral rights -- Kentucky -- Floyd County -- History. Law reports, digests, etc. -- Kentucky. Mining leases -- Kentucky -- Floyd County -- History. Practice of law -- Kentucky. Bankers -- Kentucky. Banks and banking -- Kentucky -- Prestonsburg. Coal trade -- Kentucky -- Floyd County -- History. Lawyers -- Kentucky. Castle, James v. Big Sandy Railway Company and Chesapeake and Ohio Railway Company text Castle, James v. Big Sandy Railway Company and Chesapeake and Ohio Railway Company 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_19/Folder_3/0001.pdf 1903-1905 1905 1903-1905 section false xt70zp3vt865_169 xt70zp3vt865 JOHNSON CIRCUIT COURT.
CATHERINE CASTLE,
JAMES CASTLE, PLAINTIFFS.
~Vs- ) PETITION.
BIG SANDY RAILWAY COMPANY,
CHESAPEAKE AND OHIO RAILWAY COMPANY, DEFENDANTS.

The plaintiffs, Catherine Castle and James Castle state,

The defendant, Pig Sandy Railway Company, is a corporation
duly organized and existing under and by virtue of the laws of
Kentucky with power to contract ,be contracted with,sue and be sued
in its corporate name "Big sandy Railway 30mpany."

Whe defendant,Ghesapeake and Ohio Railway Company is a
corpfiration duly organized and existing under and hv virtue of the
laws of Virginia and West Virginia with power to contract,be contract»
ed vith,sue and be sued, in its corporate name Chesapeake and Ohio
Railway Company.

The said defendants,Big Sandy Railway Company and Chesapake
and Ohio Railway Company are rail—road corporations and are authorized
to and are engaged in the business of constructing a rail~road from
White House ,Johnson Gounty,Kentucky to points up Big Sandy beyond
said White House,end running and operating trains thereon as common
carriers of both freight and passengers.

The plaintiffe,James Castle and Catherine Castle,are hus-
band and wife and are living together and occupying,with their family,
the fellowing tract of land:

tituate,lying and being in Johnson County,Kentuchy,below

mouth of Big Paint Greek on Big Sandy River,beginning at

'1 stake on West side of 001th Road on the line between

lots No. eight and nine,division of the Moses Preeton,sr.,

estate, thence with the line between Lots No. 8 & 9 S. 58

W 130 feet, S 70 W 196 feet to three black oaks 9 55 F 99

feet to a black 0aK,S 73 W 231 feet to a water oak N 78 W

99 feet to a maple S 85 w 214 feet to top of knob corner to

Lot No 2; thence with line of Lot No. 2 N 70 W 280 feet to

 three Dines N 40 w 365 feet to a. water oak N 33 173 feet

to a hickory corner to Lot No. l; thence with the line

0; Lot no. 1 L l? w his feet to a water oak on the line of

Lot .0. l]; thence With the line of Lot No. ll N 45 E 150

feet to a hickory N 57° 50' E 125 feet to a stake N 44° 40'

h 195 feet to a stake two feet right of a small double sour

wood N 69° 35' E 283 feet to a small fOrked maple; thence

leaving the line of Lot N0. ii and running down a point 3

48° 35' E 168 feet to a stake 2 feet right of a black oak;

N 18° 15' E 546 rwnt N 83° 30' B 300 feet 9 55°30' E 175

feet 3 65° 15' E 93 feet to a stake two feet left of umiLL

doucle white oak s 72° 45' B 82 feet to a stake one foot

left of a black Oak S 15° 45' E 165 feet S 9° 15' E 155

feet S 34° 25' east 34 feet to a stake at South end of

Rock House on west side of Road; thence along West side

0f road 8 31° 30' W 145 feet S 70° 7' E '71 feet to the

beginning.

The plaintiff datherine Castle is the owner of ani is now
and was at all times hereinafter mentioned, in the actual possession
of said land,living on and occupying it as a home with her family.

mhe said land is a hill side farm draining to the center
from either “ide,+hereby fOrming in the center of said farm at the
foothills a considerable branch or ravine into which all the surface
water and rainfall on said land collects and is carried and emptied
by said branch into Big Sandy River,near the location of plaintiff's
house.

At the time plaintiffs‘ built their house where they HOW
live and occupy as a home,the Public thoroughfare or County Road
bounded said land on the east and crossed said branch in front of
plaintiff's house,whioh they built fronting said Public road and by
the side thereof, n the bank of and close to said branch. The
said house is located on a level part of said land which is elevated
above said branch and said county road,thereby insuring perfect
drainage around said house,with the natural flow of the water
unobstructed. Plaintiffs had in cultivation a garden close to

said house and yard in the front thereof with flowers and grass
growing therein,both of which were free from being flooded,with the
natural flow of the water in said branch unobst¥9038do They hlfio
had constructed a well close to said house on said land and in a place
where surface water,from its natural fl“W.W°u1” “0* run into it!
(9)

 which well fizmiehed plaintiff's family with all the pure fresh water
needed. Said house was locat ad on the said public road on a little
flat between two hills with only the outlet in front as a means: of
ingress and egress ,foz' view,light and airmassing from and to said
land and house.

Plaintiffs st ate that on the-“_‘_deay of _1903
and at various other ti-ms,both before and since said datefilf (is-fen»—
dcnts in the construction of said railroad up Big Smdy Rivenwrong
fully built and constructed same in front of plaintiff's said. nor. m,
_in and mm asthe said publin road and wrongfully chmmed the said
public road so as to have seine locz‘i’ed below said railroadflezming
the railroad between plai.ntiff‘s‘ house and the public rcmdmnlcn ou-
rtructed 913111115,fo use of said road and destroyed the passway to
plaintif f's house and land.

In waking viz-'- mmtructing said railroad, in front of
plaintiffo‘ house as aforesaid, the said defendants wrongimlly rrfl
negligently made a fill about fifteen (15) feet high across said
branch in front 0 ‘ plaintifz‘n' house and wrongfully and negligently
put a culvert under said fill in said branch which was and is tax.
mall to receive the volunt of water which flow: in said branch and
still permits sane ‘0 remain thereinfihereby causing the water to
precipitate on and over flow plaintiffs ye.rd,ga.r.don, well and 12:126.
and there to stand and stagnate and obstruct plaintiffs egress »nd
ingress from and to said lend and house and to cause the said premises
to become filthymnlmalthml and unfit for a reaahienceguti. destroyed
the use of said well which wasby said. Oi'erflowing and running into
it surface waterxcmse ”21.8. filth,renderml totally worthless. The

said. over—flowtiing also injured and ruined plaintiffs crops gram,
flowers and vegetation :_trowing, on .4‘-1M. landward and garden.

"‘hfl building of said fill in front 01‘ plaintii‘rs' house
obstructed. the public road and plaintiffs use thereof end her pass
way to said house and lzr;d,=md obstructed _vflaintiffs' vj.ew,light and
air, so rmc‘n. so that said prayerty is no t desirable,comifortno 1.:: .i:)

.6

 convenient for Occupancy as a residence.
since the building and construction of said road,culvcrt
and fill as aforesaid,the defendants have been and are now operating
heavy freight and passenger trains over saws nnd the operation of
said trains is of and in such negligence and careless manner that
the sparks of Fire from thn engine,soot,snoke,and cinders are thrown
into and upon said house and by said operation manual noise,jar and
vibrations of the trains are caussd,which noise, jar and Vibrations
render it Very annoysoms and ddngerous to remain in and Occupy said
house.
Plaintiffs state by reason of the wrongful building of
said road and fill in said public highway and so obstructing
plaintiffs' use thereof and the ingress and egress to and from said
land and house and the view,light and air and by reason of 33s wrongful
Dlncing too small a culvert in the said Branch under said fill and
pennitting sane finera to rmnain and ’hershy precipitating the water
upon plaintiff's land as aforesaid and running her well,0r0ps,flowcrs,
vegetat on uni garden and obstructing egress and ingress from and
to said house and by reason of the negligsnt operation of said trains
and the throwing soot,smoke,sparks and cinders into and upon
l,1a.:.intif:fi"shome,vndthsvibrationsof‘the1’.::-sinsandjursund‘bhe
unusual and annoysoma naise c3rsefi from said Operation,and each and
every cause of injury hereinbefore set out,plaintiff's said land,houso
and premises have been danaged and is rendered of far less value as
a residence property or for anything slse,and thp said causes of
injury are of a permanent nature and are continuing =nd Will continue
‘ psrmanently,all of which has damages said land and the plaintiff in
the filll sum of Fiftaen Hundred (1500) Dollars.

WHEREFORE plaintiffs pray judgment against the defhndants for
the sum of Fifteon Hundred (1500) Dollars in damages,for costs and
all proper relief,both special and general.

Jno .F .Wfillflrfir
3.8.Wheeler
At*0rnev for Plainiiffs.
(4 l '

 fitate of Kentucky )
) SS.
County of Johnson. )

W The affiant,catharine Castle, eaya qhe 1% the plaintiff
in this anfiion,that she baleivel the qtaffixfiflfi§ get forth in the
foregoing petition are firue.

her
Atteqtr- Catherine X Castle

mark
Loney Castle.
sworn to before me by Catherine Gaatle this 3rd. day of Feby.1905.

JnO. P. Wells,
Notary P113711“-
{2

 1}“ ‘:.-733' ‘ ’
::‘; :37” 1
W7} 3 ' :3, 3 '
s 5‘ .. % ~
'1 . ',’ 3 v ' - : L
'7 "if :. 5
V: a" ‘:A'
3' f, 4.5%.?
' ,.’ u"
. $
/ I
‘4‘ 1:12
' :33- ' f ,, .
2:4
ai‘
1 t
2 a
if; .
,...
9 g:
‘ » L? u
:5}
2., fi '
. ,2
i
\
,
?
‘9
. 1, ,
7 . -.1
; z '-
. -.
‘ ' ., E
1‘ .1
y
~ L
..4 ' ,
.
w
2
2 . 1; 1
5 (LS
, ”4‘:
a ..v‘
2:: "5“
g: . ,; ':.
31% ,'x
.. \ .
~ N V .._....1