Cin., N. O. & T. P. Ry. Co. v. Gillispie
Court of Appeals of Kentucky
CASE 27. — ACTION BY IDA GILLISPIE AGAINST THE CINCINNATI, NEW ORLEANS & TEXAS PACIFIC R. R. CO. FOR DAMAGES TO HER SPRING. — Appeal from Pulaski Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for plaintiff. Defendant appeals. — POINTS AND AUTHORITIES. 1. Where a spring of water is polluted, without resulting in its entire destruction, the criterion of recovery is the actual damage the plaintiff has sustained in being deprived of the use of the water up to the trial.
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CASE 27. — ACTION BY IDA GILLISPIE AGAINST THE CINCINNATI, NEW ORLEANS & TEXAS PACIFIC R. R. CO. FOR DAMAGES TO HER SPRING. — Appeal from Pulaski Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for plaintiff. Defendant appeals. — POINTS AND AUTHORITIES. 1. Where a spring of water is polluted, without resulting in its entire destruction, the criterion of recovery is the actual damage the plaintiff has sustained in being deprived of the use of the water up to the trial. (Kinnard v. Standard Oil Co., 89 Ky., 468.) 2. An instruction in a suit for damages for the accidental pollution of a…
1Opinion of the Court
*215Opinion of the Court by
Wm. Rogers Clay, Commissioner —
Reversing.
The appellant, Cincinnati, New Orleans- & Texas Pacific Railway Company, permitted a tank of oil to escape from its premises into a spring on the property of appellee, Ida Gillispi^. This action was instituted by appellee to recover damages for the pollution of the spring. The jury returned a verdict in her favor for $350, and, from the judgment thereon, the railway company appeals.
It appears that appellee is the owner of property-in the city of Somerset adjoining the right of way of appellant. Upon this property there is located…
2Cases cited1 opinion
- Long v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1908
3Cited by9 opinions
- Board of Park Commissioners v. DonahueCourt of Appeals of Kentucky · 1910
- Oklahoma City v. HopcusSupreme Court of Oklahoma · 1935
- Oklahoma City v. TyeteniczSupreme Court of Oklahoma · 1935
- Louisville & Nashville Railroad v. GrimesCourt of Appeals of Kentucky · 1912
- Norton Coal Mining Company v. WilkieCourt of Appeals of Kentucky (pre-1976) · 1928
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