James v. Carter
Court of Appeals of Kentucky
Case 60 — PETITION OKDIN AKV — APPEAL PROM GRAVES COURT OP COMMON PLEAS. The West Fork of Clark’s River was a navigable stream, and the dam across it was a public nuisance that any citizen had a right to abate either negligently or purposely; It was, therefore, error to instruct the jury in effect that if appellants were guilty of negligence in causing the dam to be broken they were liable, although the dam may have been a public nuisance. (Cooley’s Const.
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Case 60 — PETITION OKDIN AKV — APPEAL PROM GRAVES COURT OP COMMON PLEAS. The West Fork of Clark’s River was a navigable stream, and the dam across it was a public nuisance that any citizen had a right to abate either negligently or purposely; It was, therefore, error to instruct the jury in effect that if appellants were guilty of negligence in causing the dam to be broken they were liable, although the dam may have been a public nuisance. (Cooley’s Const. Limit., side page, 590; 10 Johnson, 236; 7 Dana, 428; Brown v. Chadbourn, 50 Am. Dec., 641; 43 Am. Rep., 277; 35 N. Y., 454.) 1. The West…
1Opinion of the Court
J’UDGE HAZELRIGG
delivered the opinion op the court.
This was an action, by the appellee against the appellants lor damages growing out of the negligence of the latter in running their saw logs over and injuring the mill-dam of the former, built across the West Fork of Clark’s river, in Graves county.
It appears that the appellee’s dam was erected in 1836, and has remained continuously since then in its present form, enabling the appellee and the former owners to operate a grist mill and carding machine of great convenience to the public.
The proof conduces to show that the logs of the appellants…
2Cases cited1 opinion
- Goodin's Ex'rs v. Kentucky Lumber Co.Court of Appeals of Kentucky · 1890
3Cited by1 opinion
- Henderson v. Doniphan Lumber Co.Supreme Court of Arkansas · 1910