Raleigh v. Clark
Court of Appeals of Kentucky
Case 84 — Action by Henry P. Raleigh against J. Edward Clark for Damages from Surface Water. — Feb. 6. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals.
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Case 84 — Action by Henry P. Raleigh against J. Edward Clark for Damages from Surface Water. — Feb. 6. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. The issues as joined by the parties were; 1. The appellant -affirmed that the appellee had constructed a north and. south ditch and other furrows, and channels on his own land all leading to appellant’s land in which water accumulated and was discharged in large volumes and with great force upon appellant’s land to his great damage, etc. 2. That appellee agreed to open and keep open a ditch from the mouth of his…
1Opinion of the Court
Opinion op the court by
JUDGE! HO'BSO'N —
Reversing.
Appellant and appellee are farmers living on Knob Lick creek, in Daviess county. It is a flat country, and the stream seems to be a sluggish one. Appellant’s land is lower than appellee’s, and lies north of it, between appellee’s farm and the creek. .To the west of appellee’s land is a tract known in the record as the “Mattingly Land.” *735Tlie drainage from tlie Clark and Mattingly tracts, is, by nature, over the land 'of Ealeigh to the creek, but all of the Mattingly land does not drain this way. Many years ago, Clark allowed Mattingly to cut a…
2Cases cited1 opinion
- John C. Lewis Co. v. ScottCourt of Appeals of Kentucky · 1894
3Cited by14 opinions
- Kessler v. Jefferson Storage CorporationCourt of Appeals for the Sixth Circuit · 1941
- Harness v. Kentucky Fluor Spar Co.Court of Appeals of Kentucky · 1912
- Morris Shoe Co. v. ColemanCourt of Appeals of Kentucky · 1920
- Mercer-Lincoln Pine Knob Oil Co. v. PruittCourt of Appeals of Kentucky · 1921
- In Re Dant & Dant of KentuckyDistrict Court, W.D. Kentucky · 1941
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