West Virginia Supreme Court April 24, 1928, 6154 (Mullens v. Virginian Railway Co.)

Hatcher, Judge:

In 1906 tbe Deepwater Railway Company completed a railroad ¡through tbe land of the plaintiff. A section of tbe roadbed was constructed in tbe channel of a sprawling mountain creek, narrowing the stream to about half its former width. Tbe defendant purchased tbe property ¡of tbe Deepwater Company in 1907, assuming its1 contracts and liabilities.