Asher v. McKnight
Court of Appeals of Kentucky
CASE 71. — ACTION BY A. J.' ASHER AGAINST JAMES S. MCKNIGHT AND OTHERS TO REMOVE A DAM FROM A STREAM ALLEGED TO BE NAVIGABLE. — Oct. 7. Appeal from Harlan Circuit Court. M. J. Moss, Circuit Judge. From a judgment, dismissing the petition plaintiff appeals — The true test of navigability is capacity of floatage for a valuable commercial purpose; as the stream which is desired to be used is adaptable to that use.
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CASE 71. — ACTION BY A. J.' ASHER AGAINST JAMES S. MCKNIGHT AND OTHERS TO REMOVE A DAM FROM A STREAM ALLEGED TO BE NAVIGABLE. — Oct. 7. Appeal from Harlan Circuit Court. M. J. Moss, Circuit Judge. From a judgment, dismissing the petition plaintiff appeals — The true test of navigability is capacity of floatage for a valuable commercial purpose; as the stream which is desired to be used is adaptable to that use. We submit that the proof shows this beyond all doubt.’ (Goodwin v. Ky. Lumber Co., 90 Ky., 625; Brown v. Chadburn, 31 Me., 9; Moore v. Sanbourne, 2 Mich., 519; Barkley Coal Co. v.…
1Opinion of the Court
Opinion of the Court by
Judge Hobson —
Affirming.
A. J. Asher owns more than 100,000 staves on the headwaters of Straight creek, in Bell county, James S. MeKnight and Delia Shell own a tract of land through which Straight creek runs for 11-2 miles below the land of Asher. Asher proposed to float out his staves down Straight creek, and they objected, refusing to allow him to go through their land with the staves. He then brought this suit, alleging that Straight creek is a navigable stream generally used by the public for more than 20 years past in floating staves and timber to market; that there…
2Cases cited2 opinions
- Murray v. A. & L. M. PrestonCourt of Appeals of Kentucky · 1899
- Kirk-Christy Co. v. Am. Ass'nCourt of Appeals of Kentucky · 1908