Indian Refining Company v. Berry

Opinion op the Court by

Judge Willis—

Reversing.

-This action was instituted by Mrs. Carrie L. Berry against the Indian Refining Company to recover damages for injury to her property iii Paducah, Ky., caused, as she alleged, by the construction of a gasoline filling station on an adjoining lot. The plaintiff recovered a judgment for $1,500, and the defendant appeals. It is insisted for appellant that no cause of action was stated of proven, and that its motion for a peremptory instruction should have prevailed.

The petition alleged that defendant constructed a filling* station on the lot adjacent…