King v. Board of Council
Court of Appeals of Kentucky
CASE 32. — ACTION BY ALLEN C. KING AGAINST THE BOARD OP COUNCIL, CITY OP DANVILLE, POR DIVERTING WATER PROM HER MILL. — Appeal from Boyle Circuit Court. W. C. Bell, Circuit Judge.
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CASE 32. — ACTION BY ALLEN C. KING AGAINST THE BOARD OP COUNCIL, CITY OP DANVILLE, POR DIVERTING WATER PROM HER MILL. — Appeal from Boyle Circuit Court. W. C. Bell, Circuit Judge. Judgment for defendant, plaintiff appeals — 1. Because the lower court erred to appellant’s prejudice in overruling his motion to strike certain portions of the first paragraph of appellee’s answer; in overruling the general demurrer to the third paragraph of the original answer; in overruling his motion to strike a certain portion of the third paragraph of the original answer; in overruling demurrer to a portion of…
1Opinion of the Court
Opinion of the Court by
Wm. Rogers Clay, Commissioner
Reversing.
Appellant is-the owner of a'gristmill located on the waters of the Dix river, in- Boyle county, Ky. In the year 1804 appellee decided to build a system of waterworks for the town of Danville. With that aim in view .it purchased some 8 acres of land on the Dix river about one and a half miles above appellant’s mill. This land was purchased for the purpose of ■building and constructing across- the .river- a- large dam to accumulate and gather the water. The water 'thus ' accumulated and gathered. was pumped from the pool above the…
2Cases cited2 opinions
- Louisville & Nashville Railroad v. OrrCourt of Appeals of Kentucky · 1891
- Hay v. City of LexingtonCourt of Appeals of Kentucky · 1903
3Cited by9 opinions
- United States v. DickinsonCourt of Appeals for the Fourth Circuit · 1946
- Irvine v. City of OelweinSupreme Court of Iowa · 1915
- City of Ashland v. QueenCourt of Appeals of Kentucky (pre-1976) · 1934
- Banks v. United StatesUnited States Court of Federal Claims · 2009
- Probst v. HinesleyCourt of Appeals of Kentucky · 1909
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