Legal Opinion

McCaw v. Harrison

Court of Appeals of Kentucky (pre-1976)

Decided June 19, 1953PublishedCited by 18 opinions

1Opinion of the Court

DUNCAN, Justice.

Appellants, who own and operate a dairy farm on land located on each side of the Fayette and Jessamine, county line, sought by this .action to enjoin appellees from using their adjoining boundary for commercial cemetery purposes. The appeal is from a judgment which denies this relief. The question presented is largely one of fact, the determination of which requires a review of some rather morbid details referred to in the evidence.

Appellants’ well, which is the main source of water for stock and family purposes, is located some five hundred feet from the property line of the…

2Cases cited5 opinions

  1. Lindgren v. William Bros Boiler Manufacturing Co.Supreme Court of Minnesota · 1910
  2. Sutton v. Findlay Cemetery Ass'nIllinois Supreme Court · 1915
  3. McDaniel v. Forrest Park Cemetery Co.Supreme Court of Arkansas · 1923
  4. Nelson v. Swedish Evangelical Lutheran Cemetery Ass'nSupreme Court of Minnesota · 1910
  5. Hite v. Cashmere Cemetery Ass'nWashington Supreme Court · 1930

3Cited by18 opinions

  1. Adkins v. Thomas Solvent Co.Michigan Supreme Court · 1992
  2. Exxon Mobil Corp. v. AlbrightCourt of Appeals of Maryland · 2013
  3. Exxon Corp. v. YaremaCourt of Special Appeals of Maryland · 1986
  4. Oliver v. AT&T WIRELESS SERVICESCalifornia Court of Appeal · 1999
  5. In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability LitigationDistrict Court, S.D. New York · 2006

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