Legal Opinion

Stith v. L. & N. R. R.

Court of Appeals of Kentucky

Decided October 11, 1900PublishedCited by 15 opinions

Case 25 — Action to Recover Damages fob Injury to Property by Surface Water APPEAL PROM HARBIN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. There was only one question raised by the demurrer to the petition in this action, and that is whether the common law rule or the civil law rule prevails in Kentucky, as to the flow of surface water. The court helow held that the common law rule prevails, and in this we think it was in error.

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Case 25 — Action to Recover Damages fob Injury to Property by Surface Water APPEAL PROM HARBIN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. There was only one question raised by the demurrer to the petition in this action, and that is whether the common law rule or the civil law rule prevails in Kentucky, as to the flow of surface water. The court helow held that the common law rule prevails, and in this we think it was in error. The decisions in Kentucky lean towards the civil law rule but the question has never been definitely decided by our court of last resort. Am. & Eng.…

1Opinion of the Court

Opinion op the cotjet by

JUDGE PAYNTER

Reversing.

It is averred in the petition that the plaintiff is the owner of two houses and lots in or near Elizabethtown, Hardin county, adjoining the right of way of the defendant (appellee here); that they each have 106 feet front; that the défendant has an embankment in front of his property on its right of way, upon which its tracks are laid, which obstructs the natural flow of water from his and adjoining property; that the defendant has a culvert through its embankment, but it has carelessly, negligently, and wrongfully permitted it to become filled…

2Cited by15 opinions

  1. Bauer v. County of VenturaCalifornia Supreme Court · 1955
  2. Pickerill v. City of LouisvilleCourt of Appeals of Kentucky · 1907
  3. Madisonville, Hartford & Eastern Railroad v. GrahamCourt of Appeals of Kentucky · 1912
  4. City of Henderson v. RobinsonCourt of Appeals of Kentucky · 1913
  5. City of Ludlow v. BroderickCourt of Appeals of Kentucky · 1918

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