McDougle v. Clark
Court of Appeals of Kentucky
Appeal from the Christian County Court. Mili, Case. Case 117. Case stated. Grounds of opposition to' the «rection of a mill dam.
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Appeal from the Christian County Court. Mili, Case. Case 117. Case stated. Grounds of opposition to' the «rection of a mill dam. The 'orerflow!n¿ of a spring by the, erection oía mill dam, is a proper subject of consideration in determining upon the propriety of permitting its erection: (.lÉibb 377; ZA.K.Maii ¿hail, 328.) Theexistencé of a mill, tho’ without regular establishment near to a proposed mill dam, and which will be destroyed or materially injured, is a subject of consideration in determining upon the propriety of permitting a new dam to be built. —Such should be the case, whether…
1Opinion of the CourtChief Justice Marshall
This appeal brings upan order of the County Court of Christian county, granting to Isaac Clark the privilege of erecting a mill and dam on the west fork of Red river, upon his paying ten dollars, the value of an acre of ground, the property of McDougle, condemned by the inquest; and also $7 50 assessed by the inquest as damages to be occasioned by the overflowing of three-fourths of an acre of McDougle’s land. ■■ -
The grant of this privilege is opposed by McDougle on two principal grounds : 1st. That the proposed dam will entirely destroy a spring'on the margin of the creek, á few yards only…
2Cases cited1 opinion
- Marshall v. CraigCourt of Appeals of Kentucky · 1809
3Cited by1 opinion
- Shackleford v. CollierCourt of Appeals of Kentucky · 1869