Beaty v. Balt. & Ohio R. R.

Citations

• 6 W. Va. 388

Syllabus

<p>Syllabus.</p> <p>1. In an action of trespass on the case for wrongfully and injuriously building an embankment on defendant’s own land, so as to cause an obstruction and reflow of water on plaintiffs land, it is not error to refuse introduction of testimony on the part of the defendant, that the drain constructed by the defendant, to carry the water from the land of the plaintiff, was such a drain as is usual and customary to be constructed at such embankments on railroads generally, and have been found sufficient for the purposes of carrying off the water at like places.</p> <p>2. In such an action, it is not error to refuse to instruct the jury, if they believe from the evidence that II. at a certain date, by deed le-gaily admitted to record, conveyed to the defendant so much of his land as was necessary for the purposes of its railroad, as mentioned in said deed, and afterwards conveyed another part of his land to the vendor of the plaintiff, that the. plaintiff holds said land subject to the rights of the defendant, under said deed, and has no right to recover in this suit.</p> <p>3. In such an action, it is not error to refuse to instruct the jury, if they believe from the evidence that H., being the owner at a certain date, of a large tract of land embracing the land claimed by the plaintiff, and at that date conveyed to the defendant by deed properly acknowledged and recorded, so much of said land as was necessary for the defendant’s purpose in making and constructing its railroad through the land then owned by H., that the defendant legally and properly constructed its railroad through and upon the same, and that at a subsequent date, the said H. and wife by deed convoyed to 0. a part of said IPs original tract, who conveyed the said part to the plaintiff, and the part so last convoyed is now claimed by the plaintiff as the land mentioned and referred to in the declaration in this cause, and therein claimed to have been damaged by the making of the. defen