Kentucky Electric Development Co.'s Receiver v. Wells

Opinion op the Court by

Judge Perry

Affirming in part and reversing in part.

This appeal is prosecuted from a judgment of the Casey circuit court, awarding the appellee, Lincoln Wells, .damages in the sum of $150, caused by overflow of his land, and a mandatory injunction ordering the appellant company to lower its concrete dam by removing 15 .inches from the top thereof throughout its entire length and spillways.

By stipulation, it appears that in March, 1929, the Oscar C. Wright Company conveyed to the appellant, Kentucky Electric Development Company, hereinafter called the company, some 2%…