H. H. Miller Const. Co. v. Collins

Opinion op the Court by

Judge Clay

— Reversing.

H. H. Miller Construction Company appeals from a $900 judgment for injury to real estate alleged to have been caused by the diversion of water resulting from the construction of a highway.

Appellee owns about one and one-half acres of land in Harlan county on the south bank of Poor Fork river. The State Highway Department contracted with appellant to construct the highway on the north bank of the river. Appellant sublet the work to Gilliam & Cooper. Opposite appellee’s land was a ledge of rock about 30 feet high. In order to construct the highway it…