Ireland v. Bowman & Cockrell
Court of Appeals of Kentucky
CAES 20. — ACTION BY BOWMAN AND COCKRELL AGAINST MARY T. IRELAND AND OTHERS TO REMOVE A DAM ACROSS A NAVIGABLE STREAM — Appeal from Rockcastle Circuit Court. L. F. Johnson, Special Judge. Judgment for plaintiff.
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CAES 20. — ACTION BY BOWMAN AND COCKRELL AGAINST MARY T. IRELAND AND OTHERS TO REMOVE A DAM ACROSS A NAVIGABLE STREAM — Appeal from Rockcastle Circuit Court. L. F. Johnson, Special Judge. Judgment for plaintiff. Defendant appeals. — PROPOSITIONS DISCUSSED AND AUTHORITIES CITED. 1. No cross appeal has been granted in the Court'of appeals, and therefore the alleged cross appeal of appellees upon the question of the insufficiency of damages awarded by the lower court should be dismissed. (Civil Code of Practice, 755; Hilton v. Comth., 105 S. W., 956 (Ky.) 2. It appears, from a preponderance of…
1Opinion of the Court
Opinion of the Court by
Judge Hobson —
Reversing.
Bowman & Cockrell have a steam sawmill on Rock-, castle river about a mile below a small mill owned by Mary T. Ireland, etc., who hold it under the will of J. M. Thomas, the former owner, and own land on both sides of the stream. In the year 1888 one Sam Brooks, who then owned this sawmill, built across Rockcastle river a dam, which he maintained until about the year 1894, when he sold out to W..R. Dillion, who raised the dam higher, and afterwards sold the property to Thomas. Thomas operated the mill as long as he lived, and at his death devised…
2Cases cited4 opinions
- Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
- Cornwall v. Lou. & Nash. R. R.Court of Appeals of Kentucky · 1888
- Louisville & N. R. R. v. SmithCourt of Appeals of Kentucky · 1907
- Manier v. MyersCourt of Appeals of Kentucky · 1844
3Cited by8 opinions
- Ewing, Ind. Exs. v. Wm. L. Foley, Inc.Texas Supreme Court · 1926
- Wahl v. SchmidtIllinois Supreme Court · 1923
- Louisville Trust Co. v. MorganCourt of Appeals of Kentucky · 1918
- Kirchner v. MullerNew York Court of Appeals · 1939
- Clauson v. StullSupreme Court of Pennsylvania · 1938
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