Kinnaird v. Standard Oil Co.
Court of Appeals of Kentucky
Case 70 — PETITION OBDINABY APPEAR EROM GARRARD CIRCUIT COURT. While the-owner of land may appropriate to his own use the underground waters, he is liable if be pollutes or poisons that which is permitted to escape and enter his neighbor’s premises, in whatever way it may find its entrance, whether 'by percolation or-in WielVdefined streams. (Ballard v. Tomlinson, 24 Am.
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Case 70 — PETITION OBDINABY APPEAR EROM GARRARD CIRCUIT COURT. While the-owner of land may appropriate to his own use the underground waters, he is liable if be pollutes or poisons that which is permitted to escape and enter his neighbor’s premises, in whatever way it may find its entrance, whether 'by percolation or-in WielVdefined streams. (Ballard v. Tomlinson, 24 Am. Law Beg., 637-8; Chase v. Sylvester, 62 Maine, 175; Boath v. Driscoll, 20 Conn., 533; Whfiatléy v. Baugli, 25 Penn. St., 528; Ei'azier v. Brown, 12 Ohio St., 294; Nat. Law Beview, March, 1888,. pp. 102, 104; Sanders v.…
1Opinion of the Court
JUDGE PRYOR.DELIVERED THE OPINION OE THE COURT.
The appellant, Kinnaird, is the owner of a small tract of' land containing about four acres, lying adjacent to or within the boundary of' the town of Lancaster, in the county of Garrard. On this land is a valuable and never-failing spring that appears upon the surface of the ground at the foot of a hill, and had been used as such for a long period of time.
*470In November of the year 1886, the appellee, the Standard Oil Company, leased from the Kentucky Central Railroad Company a site upon which to build a warehouse for the storage of its coal oil.…
2Cases cited3 opinions
- Upjohn v. Board of HealthMichigan Supreme Court · 1881
- Bloodgood v. . AyersNew York Court of Appeals · 1888
- Brown & Bros. v. IlliusSupreme Court of Connecticut · 1858
3Cited by26 opinions
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
- Barnard v. SherleyIndiana Supreme Court · 1893
- Swift & Co. v. Peoples Coal & Oil Co.Supreme Court of Connecticut · 1936
- Sussex Land & Live Stock Co. v. Midwest Refining Co.Court of Appeals for the Eighth Circuit · 1923
- Beatrice Gas Co. v. ThomasNebraska Supreme Court · 1894
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