' F L O Y D C I B G U I T C U U n w . "
_' fl. V. Vaughan, Gynthia Vaughan, Plaintiffn. ,
' ”swam“: z: Petiticn.
_ ' Chesapeake an Ohio, Railway Company, Defendant. ,
g, The plaintiffa atate they are huaband and wife, re- '
I V aide in Flbyd County, Etate of Kentucky, on a traet of ‘“
> land situated on the neat aide of Big Sandy river an the F
l‘ lower ymrt of the said county, knawn as a part of the Wil- ,‘j
5 .' 11am Eurahett land, that a more specifieaéaaoriptian of it . ‘1:
will be gum in due 1.11m. and man of land is wart}:
iff5 about two thcuaand dollara; that the Chesapeake and Ohio ,2;
f 8 Railroad flan: between their said land and Big Sandy river. f);
>;1,j ?he fiefendant is an incorparated company. empowereé by its ”a;
H. charter 29 own, aperate and control a railroad fer general '"1
~ ‘ traffic. and the carrying of passengers up and down Big {1]
* Sandy river, that it may sue or be sued in its corporate ,1“
,.‘ name. which 15 ”Que Chesapeake and Ohio Railway Company." ,fj
>." They say on the 29th day of August, 1902, an incorpau *1,
l1' rated company known as tha Big Sandy Railway Company, purn ijfi
I; chased from the female plaintiff and others who owned the 5?
tract of land she now owns. a right cf way one hunflred feet fI1
_' wide aver their 531d land, and erected a single track rail» #7 
' . road on the said right of way. that the said Big Sandy aau- jg}
7" way Campany oovenanted and agreed in the dead far the sat; :: 
_‘; right of way with the owners of said land to erect gag; f .'5
_,- maintain all necessary crossings aver tho said road: that ‘5:
v‘ J said oovenant in the said deed is as follows: ”831d  £€
  grantee to erect 35d maintain the necessary cafitla guard! f;