Herr v. Central Ky. Asylum
Court of Appeals of Kentucky
Case 36 — Action for an Injunction — APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. .Judgment for Defendant and Plaintiff Appeals. This case comes to your honors for the second time: the first appeal being taken in 1894 and reported in 17 Ky.
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Case 36 — Action for an Injunction — APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. .Judgment for Defendant and Plaintiff Appeals. This case comes to your honors for the second time: the first appeal being taken in 1894 and reported in 17 Ky. Law Rep., p. 320. This action is instituted by Mary Herr and her three children asking an injunction against the asylum to compel it to abate what appellants contend is a nuisance, arising out of tbe act of tbe asylum in damming up Goose creek at two points in such a way as to prevent and interfere with the proper flow of the water down that…
1Opinion of the Court
Opinion op the court by
JUDGE BURNAM
Affirming.
The Central Kentucky Lunatic Asylum is the largest of the three charitable institutions provided by the State of Kentucky for the care and treatment of the insane. It was located in 1872 upon a tract of 600 acres of land1 near Lakeland, in Jefferson county, at a point some six or seven miles distant from the Ohio river. A water •course known as “Goose Creek,” which is about ten feet wide and from oue to two feet deep, runs through the territory of the asylum, close to the buildings erected thereon, in a westwardly direction, and empties into the1…
2Cases cited3 opinions
- City of Logansport v. UhlIndiana Supreme Court · 1885
- Hauns v. Central Kentucky Lunatic AsylumCourt of Appeals of Kentucky · 1898
- Herr v. Central Kentucky Lunatic AsylumCourt of Appeals of Kentucky · 1895
3Cited by16 opinions
- Harris Stanley Coal & Land Co. v. Chesapeake & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1946
- Kentucky State Park Commission v. WilderCourt of Appeals of Kentucky (pre-1976) · 1935
- Bartman v. ShobeCourt of Appeals of Kentucky (pre-1976) · 1962
- Leavell v. Western Ky. Asylum for the InsaneCourt of Appeals of Kentucky · 1906
- Brandenburg v. Petroleum ExplorationCourt of Appeals of Kentucky (pre-1976) · 1927
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