Bonte v. Postel
Court of Appeals of Kentucky
Case 13 — Action to Recover Damages tor Flooding Premises— APPEAL FROM CHRISTIAN CIRCUIT COURT. Judgment for Defendant, and Plaintiff Appeals. POINTS AND AUTHORITIES. 1. The verdict and judgment below were flagrantly against the evidence. 2. An action will lie either jointly or severally against joint wrong-doers, and in either case each joint wrong-doer is liable for all the damages sustained by reason of the joint wrong.
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Case 13 — Action to Recover Damages tor Flooding Premises— APPEAL FROM CHRISTIAN CIRCUIT COURT. Judgment for Defendant, and Plaintiff Appeals. POINTS AND AUTHORITIES. 1. The verdict and judgment below were flagrantly against the evidence. 2. An action will lie either jointly or severally against joint wrong-doers, and in either case each joint wrong-doer is liable for all the damages sustained by reason of the joint wrong. Cooley on Torts, page 133; Id., page 135; Webb’s Pollock on Torts, page 230; 3 Lawson’s Rights, Remedies & Practice, secs. 1041 and 1044 and numerous authorities cited in…
1Opinion of the Court
Opinion of the court by
JUDGE BURN AM
Affirming.
Appellant in this suit charges that the brick walls of his warehouse and carriage factory have been greatly damaged by water ¡lowing- from certain sewer and waste pipes unlawfully constructed by appellees for the purpose of conducting from their premises the surface and waste water accumulating thereon. Appellees deny that appellant’s property has been damaged through any negligent or unlawful act on their part, and allege, by way of defense, that the house occupied by appellant stands on lo*Wer ground than theirs, and that the natural flow and…
2Cases cited4 opinions
- Miller v. Highland Ditch Co.California Supreme Court · 1891
- Gallagher v. Kemmerer, Pennsylvania Court of Common Pleas, Luzerne County1891
- Ellis v. HowardSupreme Court of Vermont · 1845
- Henry v. SennettCourt of Appeals of Kentucky · 1843
3Cited by20 opinions
- Bowman v. HumphreySupreme Court of Iowa · 1906
- Louisville & Nashville R. R. v. RothCourt of Appeals of Kentucky · 1908
- McDonald v. RobinsonSupreme Court of Iowa · 1928
- City of Albany v. BrownCourt of Appeals of Georgia · 1916
- Hale v. City of KnoxvilleTennessee Supreme Court · 1949
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