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 D" U FIELDS 1) 1. DAY
.‘ D. D. FIELDS & DAY
‘ #- ATTORNEYS-AT—LAW
‘ WHITESBURG. KY. . {47W ..‘: "/2,
' Mav 1st, 1917.
S.E.Wilson, Esq.,
Lexington, KY.
Dear Sirzu
I hand vou herewith Docket fieports and three copies
of petition, filed in the Letcher Circuit Court of J.P.1Z;~rgan,
etc. vs. L & N R..R.Co. and L & :1. By. Co.
Yours truly,
J fl flea

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Form 181 ’
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LOUISVILLE (x hAbHVILLL AILROAD OMPANY
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. OFFICE OF ATTORNEY ATW-J4.;4,+.4,4,._4I«M 4.13,, ,, ,,,..._ 1
B. D. WARFIELD, LOUISVILLE
District Attorney, 3 , 4 4.3.35.4..3. 3. L“ ]9] r;
LOUISVILLE, KY. P T ’ !
DOCKET RE OR .
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STA ENENT OF CAUSE OF ACTION
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$7 [.0051 An may L. a N. R. K. Co.

 Letcher Circuit Court.
J. P. Morgan, Minerva
Morgan and Maggie Morgan, Plaintiffs.
V Petition.

Louisville & Nashville R. R. Co.
And Lexington.& Eastern Ry. 00., Defendants.

The plaintiffs state that the Lexington & Eastern Ry.
Co. is a corporation organized and existing under the laws of the
State of Kentucky and authorized to build and construct railroads,
railways, do a general freight and passenger business and engaged
in a general railroading and common carrier business under and by
virtue of its said incorporate name, as well as to contract and be
contracted with, sue and to be sued and do all other things usual
to such corporations; that the Louisville & Nashville R. R. Co.
is a corporation organized and existing under the laws of the State
of Kentucky with power under its charger to construct and maintain
and operate railroads and to do a general railroading and common
carrier business, contract and be contracted with, sue and be sued,
and do all other things usual to such corporations.

Plaintiffs state that the defendant, lexington & Eastern
Railway Co. during the years 1912, and 1915, constructed a line of
railroad through Letcher County, Kentucky and that after said line
of railroad was constructed the defendant Louisville & Nashville
R. R. Co. took over and assumed control of said railroad through
Letcher County, Kentucky and that said railroad became a part of the
system of the said Louisville & Nashville R. R. 00., and is now
operated by said Louisville & Nashville R. R. 00.; that said railroad
was constructed and is new maintained and operated through a tract
of land, the property of, and belonging to the plaintiffs herein;
that the plaintiffs Minerva Morgan and Maggie Morgan are the owners
of and in the actual possession of the following described boundary
of land. Situated upon the waters of tle Kentucky River in
Letcher County, Kentucky and about one mile west of Mayking Station
upon said railroad line and, .

$¥§§§§fidfiwgflnshoana.m....-‘ - ’ ~ " _ V '; _- . "..m,'go;,,.~.j;_,g§

 Beginning on the north edge of said railroad right-of=way
where said right-of=way intersects with a lane leading from the
home formerly owned by Bud Polly to the public highway near Mi-
nerva Morgan Sr.‘s house; thence with said lane a northerly direc-
tion to the foot of Maw Hill; thence a southwesterly direction with
a wire fence to the line of J. P. Morgan to another wire fence;
thence a southerly cirection with the line of John P. Morgan and
said wire fence to the rightoof-way of said railroad; thence with
said right~of~way and a westerly direction to the Beginning, con_
taining about 4 acres. 1

Plaintiffs say that said boundary of land is low levé.
.land and that same abutts and borders on the railroad right-of-way
along the southern side thereof; that about two hundred yards
above the eastern edge of said tract of land there is a stream or
branch flowing in a southwesterly direction; that prior to the
construction of said railroad rightuof-way said stream ran down
along the southern edge of the tract of land above described; that
the defendants, by themselves, their agents, servants, and employes
in constructing said railroad bed, so negligently, carelessly and
wrecklessly built the fills for said railroad bed, and so negligently
carelessly, and wrecklessly prepared said bed that they failed to
put the prOper culverts in said fills and said bed to conduct the
water from said stream through the ordinary channel; that said
defendants as aforesaid made a large cut at the point where the

‘ aforesaid branch usually ran and used the dirt and other substances
from said out in making the fill which fill extends along the south
side of the land above described; that said defendants attempted
to convey the water through under the railroad tracks at a point
about 200 yards east of the boundary of land in disputed through
a culvert but that the culvert was so constructed and a ditch line
opposite side of thr railroad from the land in dispute in this action
was so negligently and carelessly constructed as that the stream
of water would not and would not run through said culvert and down
said ordinary channel especially in ordinary tides and freshets

. in said branch and that said culvert, after having used them about

 two years became so chokedand stopped up and the channel prepared
to carry the stream on the south side of said railroad right-of-way
became so choked that the water could not sass down said channel
and thereby said water was caused to dam up on the north side of
said railroad line and Was thereby diverted so that it was caused
to flow upon and over the boundary of land and the greater portion
thereof, above described.
Plaintiffs say that the defendants, by themselves, their
_ agents, servants and employes within the last five years, went upon
' said premises and dug and constructed a ditch line from said branch
along the north side of said railroad right—of—way, thereby entirely
diverting said stream from its usual course so that it was caused
to flow upon and over the lands above described.
Plaintiffs say that during the year 1915 and 1916 they
leased the above described boundary of land to their co-plaintiff
J. P. Morgan.to be cultivated by him and that he turned, plowed
and cultivated said land and s>wed thereon grass seed and undertook
to make a meadow of said boundary of land; that said land had
prior thereto been used as a meadow by the plaintiffs and those ' ~
under whom they claim for a number of years; that the defendants,
their agents, servants and employes, unlawfully, wrongfully, against
the will and without the consent of said plaintiffs, or either of
them so diverted said stream of water as to cause it to flow upon
I and over said boundary of land and totally destroyed the creps
and grass growing thereon, during the years 1915 and 1916, which
creps were reasonably worth in the market value of about $250.00
and which crops were totally and entirely destroyed by the unlawful
and wrongful acts of the defendants as herein above set out. V
Plaintiffs say that in addition the destruction of said
crops that said stream when so diverted as hereinbefore set out
carried upon and over said tract of land a large quantity of sand,
gravels, stones, dirt, wood, drifts and other debris, thereby
permanently injuring, damageing and destroying said boundary of land;
that in addition to the deposits of said substances, that great
' portions of said land, soil, dirt and other things standing, lying

 and being and growing thereon were washed away and destroyed and
that by reason of said wrongful acts and by reason of said facts,
the said boundary of land has been permanently injured and damaged
to the—extent of at least $250.00, and that by reason thereof

the plaintiffs, Minerva Morgan and Maggie Morgan have each been
damaged in the said sum of $250.00 to their said land.

Plaintiffs say that all of said acts were wrongful, unlaw-
ful, and against their will and without their consent and that they
are entitled to recover of said defendants and each of them the sum
of $500.00 for said injuries, all of which is just, due and owing
and no mart of Which has ever been paid.

WHEREFORE, plaintiffs pray judgment against defendants for
the sum of Five Hundred ($500.00) Dollars, in damages, they pray for
their costs and for all proper relief.

F. G. Fields
Attorney for Plaintiffs.

The affiant, J. P. Morgan says he is one of the plaintiffs
in the above styled action and that he believes the statements of the
foregoing petition are true.

« J. P. Morgan

Subscribed and sworn to by J. P. Morgan before me, this

___ day of April, 1917.
F. G. Fields ‘
' , V Notary Public, Letcher County, Ky.
. (Endorsed on back:)
Filed, tax paid, summons & 2 copies issued Apr. 25, 1917.
I S. F. Combs, Clerk
By F. F. Pendleton, D. C.