City of Hazard v. Eversole

Opinion op the Court by

J udqe Richardson

Reversing.

For their cause of action, appellees set out in their petition that, during the years 1924-25, J. S. Kelly, Paul Shields, and the city of Hazard wrongfully entered upon their land, without their consent, and committed a trespass by taking possession of “a strip of land 40 feet wide and 325 feet long” situated on Susan Ever sole’s branch. They dug up, excavated, and built thereon a “storm sewer,” and graded and constructed a street, and so constructed them that they caused “the branch to overflow, run over and injured their land, from freshets…