Kentucky & West Virginia Power Co. v. McIntosh

Opinion op the Court by

Sims, Commissioner

Reversing in part and affirming in part.

This is an appeal from a judgment of the Perry Circuit Court entered on the jury’s verdict for $750 in favor of Mrs. Filmore McIntosh, the plaintiff below, against the Kentucky & West Virginia Power Company, the defendant below.

The defendant is a public service corporation and some thirty years ago it constructed a power plant on the south bank of the North Pork of the Kentucky River, on the outskirts of Hazard, from which it sells current to its customers in the surrounding territory. The plant is a large and…