Murray v. A. & L. M. Preston
Court of Appeals of Kentucky
Case 67 — INJUNCTION AGAINST OBSTRUCTING STREAM— APPEAL PROM JOHNSON CIRCUIT COURT. 1. The Legislature has no constitutional power to deprive a riparian .owner of his rights by declaring a stream navigable which is not so in fact. 2, The appellee, Arthur Preston, was estopped to claim the right in question because it appears that at the time of the passage;of the act he had a right over appellant’s land by contract for the purpose of removing 'the very staves whose removal…
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Case 67 — INJUNCTION AGAINST OBSTRUCTING STREAM— APPEAL PROM JOHNSON CIRCUIT COURT. 1. The Legislature has no constitutional power to deprive a riparian .owner of his rights by declaring a stream navigable which is not so in fact. 2, The appellee, Arthur Preston, was estopped to claim the right in question because it appears that at the time of the passage;of the act he had a right over appellant’s land by contract for the purpose of removing 'the very staves whose removal is the gravamen of this action. Citations: Acts of 1886-7, vol. 1, p. 62; Wood on Railway Law, vol. 2, pp. 868, 889, 707;…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion or thr, court.
Appellees liad a large quantity of staves on the waters of Chestnut creek, in Johnson county, which they desired to float down the stream, and with this view, obtained an act from the Legislature declaring it a navigable stream. Appellant owned the land on both sides of the creek near its mouth, and had placed water gaps across it, in his fencing; he also had a mill and dam, which he had maintained for many years; and he objected to appellees clearing out the stream and floating their staves out. They then obtained an injunction enjoining him…
2Cases cited1 opinion
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- Miller v. StateTennessee Supreme Court · 1910
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