Couple sues railroad over ruined fishing cabin

By Justin Anderson | Apr 15, 2009

CHARLESTON – A couple says an improperly maintained railroad ruined their Fayette County fishing cabin with water damage.

Kathy Bragg and Carness Bragg filed a lawsuit March 30 in Kanawha Circuit Court against Norfolk Southern Corporation, doing business as Norfolk Southern Railroad.

The Braggs say they own a piece of real estate near Fall View that is used as a fishing camp. On the land sits a cabin.

The property is located adjacent to a Norfolk Southern railroad right of way, the complaint says.

On April 15, 2007, the property suffered water damage due to drainage from the railroad, the complaint says.

The water made the cabin "uninhabitable" and a total loss, the Braggs claim.

They say the defendants failed to install proper drainage along the railroad and are seeking $74,000 and damages for emotional distress.

Herbert Hively is representing the plaintiffs. The case is before Kanawha Circuit Judge Irene Berger.

Kanawha Circuit Court case number: 09-C-562

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