Robertson v. Daviess Gravel Road Co.
Court of Appeals of Kentucky
Case 98 — Action by Sabah M. Robertson against the Daviess Gravel Road 'Company eor Injury to Her Land by Causing Surface Water to Accumulate Thereon. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals.
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Case 98 — Action by Sabah M. Robertson against the Daviess Gravel Road 'Company eor Injury to Her Land by Causing Surface Water to Accumulate Thereon. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. Subface Water-JRights of Dominant Owners — Acquisition of Basement — Extent. ■Appellant claims that she, having .constructed & ditch through her land to the county -road which drained -her land through a ditch which had been, constructed and maintained by Daviess county along said public road fior more 'than fifteen years, that the appellant, Daviess Gravel Road…
1Opinion of the Court
Opinion op the cotjet by
JUDGE O’REAR
iAppiemino.
Appellant is the owner of a tract of land lying adjacent to appellee’s gravel road near Owensboro. Tbe land in that immediate neighborhood is low, and nearly level, but it lays so that its surface drainage is naturally toward the gravel road. More than 15 years before this suit her land and other lands lying back of it were drained by a ditch through her land, which emptied into another ditch running alongside the road. She alleges that before appellee acquired the road, and while it was operated as a public highway by Daviess county, the county…
2Cases cited1 opinion
- Stith v. L. & N. R. R.Court of Appeals of Kentucky · 1900
3Cited by10 opinions
- Chicago, R. I. & P. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1910
- Burton Construction Co. v. MetcalfeCourt of Appeals of Kentucky · 1915
- St. Louis S. F. R. Co. v. StephensonSupreme Court of Oklahoma · 1914
- Franz v. JacobsCourt of Appeals of Kentucky · 1919
- Smith v. WathenCourt of Appeals of Kentucky · 1914
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