Smith v. Atkins
Court of Appeals of Kentucky
Case 13 — Action for Damages fob Trespass — APPEAL FROM LAWRENCE CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals.
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Case 13 — Action for Damages fob Trespass — APPEAL FROM LAWRENCE CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. This suit was brought to recover damages against the defendant for entering upon the plaintiff’s land, against her consent, bordering on Big Blaine creek, and tying boom to the trees thereon and thereby causing large quantities of water, logs, staves, ties, drift, etc., to accumulate against the boom, and wash away her land and the bushes and trees growing thereon. The defendants admit they used booms in getting out timber along said stream, claiming that it is…
1Opinion of the Court
Opinion op the court by
JUDGE BURNAM
Reversing.
The appellant in this court was the plaintiff in the court below. She alleged that she was the owner and in possession of a tract of land situated in Lawrence county, Ky., binding on Big Blaine creek, from where it emptied into the Big Sandy river, up the creek for a distance of about one mile; that appellees had without right entered upon her land, taken possession of the banks, and erected booms across the creek, and fastened them to her land, and had thereby caused large quantities of water, logs, staves, ties, etc., to accumulate against the…
2Cases cited4 opinions
- Ensminger v. People ex rel. TroverIllinois Supreme Court · 1868
- Weise v. SmithOregon Supreme Court · 1869
- Carlson v. St. Louis River Dam & Improvement Co.Supreme Court of Minnesota · 1898
- Coyne v. Mississippi & Rum River Boom Co.Supreme Court of Minnesota · 1898
3Cited by2 opinions
- Mashburn v. St. Joe Improvement Co.Idaho Supreme Court · 1910
- Warner v. Ford Lumber & Mfg. Co.Court of Appeals of Kentucky · 1906