22 S.W.2d 288 | Ky. Ct. App. | 1929
Affirming.
E.P. Deacon instituted an action to recover damages from the Louisville Nashville Railroad Company for the destruction of vegetables growing in his garden. It was alleged that the defendant had negligently caused surface water to accumulate and wrongfully permitted it to remain on the plaintiff's garden with the result indicated. Madisonville, H. E. Ry. Co. v. Graham,
Many interesting questions are argued in the briefs, but it is unnecessary to discuss them. The judgment as to Deacon is not subject to review, since the damage recovered is less than the amount required to confer jurisdiction *813
upon this court. Section 950-1, Ky. Stats.; Moreland v. Fryar,
The claim of the railroad against the trustees constituted an independent cause of action for a tort committed by them against it, and it was asserted against persons who were not parties to the original action. Such a claim cannot be presented by counterclaim or cross-petition, or litigated, in the present suit. Wells v. Boyd, 1 Duv. 366; Nahm Friedman v. Register Newspaper Co.,
The judgment is affirmed.