L. R., M. R. & T. R'y Co. v. Shelton & Wells

L. R., M. R. & T. R’y Co. v. Shelton & Wells. APPEAL from Bradley Circuit Court. Hon. T. F. Sorrells, Circuit Judge. This was an action for damages for obstructing the passage from a street to the plaintiffs’ livery stable abutting on the street, by excavating in front of it in making a grade for the railroad. J. M. Moore, for Appellant. McCain & Crawford and B. C. Brown, contra. [MAJORITY — Cockrill, C. J.] Cockrill, C. J. This case is controlled by the 'decision in Hot Springs Railway v. Williamson, ante. No distinction can be drawn, for the purpose of maintaining the action, between obstructing ■ the access to premises by the erection of an embankment in the street, as in that case, and by making a cut next to the plaintiff’s premises, as in this. Caledonia R’y v. Walker's trustees, 35 Moak, 177, and cases collected in the note. Affirm.