Curd v. Commonwealth

Opinion of the Court by

Judge Thomas

Affirming.

Under an indictment charging him -with the offense the appellant, Warren Curd, was tried and convicted in the Mercer circuit court of creating, suffering and maintaining a public nuisance on his farm, containing about 125 acres, immediately adjacent to the land and property of the Kentucky Hydro-Electric Company, the builder and owner of the .structure known as Dix Ñiver Dam. The verdict assessed a fine against him of $500.00. His motion for a new trial was overruled, and from the judgment pronounced on the verdict he prosecutes this appeal, urging…