Bank of Hopkinsville v. Western Kentucky Asylum for the Insane
Court of Appeals of Kentucky
Case 45 — Action toe Damages for Diverting Water from a Stream. APPEAL FROM CHRISTIAN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals 1. Insane asylums are subject to be sued like other persons or corporations with respect to matters within their corporate authority or duty. Ky. -Stats., secs. 217 and 237; Herr v. Central Lunatic Asylum, 97 Ky. Rep., 460; Williamson v. Louisville Industrial School of Reform, 95 Ky.
Read the full summary
Case 45 — Action toe Damages for Diverting Water from a Stream. APPEAL FROM CHRISTIAN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals 1. Insane asylums are subject to be sued like other persons or corporations with respect to matters within their corporate authority or duty. Ky. -Stats., secs. 217 and 237; Herr v. Central Lunatic Asylum, 97 Ky. Rep., 460; Williamson v. Louisville Industrial School of Reform, 95 Ky. Rep., 251. 2. The fact that the appellants did not own the legal title to the mill property at the time the diversion- of the water by appellee began, will not prevent…
1Opinion of the Court
Opinion oe ti-ie court by
JUDGE WHITE
Reversing.
The appellants are the owners of a gristmill on the east fork of Little river, in Christian county, and as such are the owners of the right to maintain a dam across ■said stream, acquired by condemnation proceedings had in the year 1846. The right thus given to erect and maintain the dam was for the purpose of using the water power thus afforded by the dam in running the mill. The ap-pellee is a charitable institution, owned and conducted by the State, for the care and treatment -of its insane citizens. The buildings and grounds of appellee are…
2Cases cited1 opinion
- Herr v. Central Kentucky Lunatic AsylumCourt of Appeals of Kentucky · 1895
3Cited by8 opinions
- Board of Park Commissioner v. PrinzCourt of Appeals of Kentucky · 1907
- Wallace v. Laurel County Board of EducationCourt of Appeals of Kentucky (pre-1976) · 1941
- Kentucky State Park Commission v. WilderCourt of Appeals of Kentucky (pre-1976) · 1935
- Stratton v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1913
- Richter v. Granite Manufacturing Co.Texas Supreme Court · 1915
3 more not listed; retrieve them via the Exa API.