Legal Opinion

Long v. Louisville & Nashville R. R.

Court of Appeals of Kentucky

Decided January 28, 1908PublishedCited by 13 opinions

CASE 3. — ACTION BY QUEEN LONG AND OTHERS AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR DAMAGES FOR POLLUTING HB’R SPRING. — Appeal from. Logan Circuit Court. W. P. Sandidge, Circuit Judge. Judgment for defendant) plaintiffs appeal — POINTS AND AUTHORITIES.

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CASE 3. — ACTION BY QUEEN LONG AND OTHERS AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR DAMAGES FOR POLLUTING HB’R SPRING. — Appeal from. Logan Circuit Court. W. P. Sandidge, Circuit Judge. Judgment for defendant) plaintiffs appeal — POINTS AND AUTHORITIES. As appellants had been in' possession of this land for five or six years under a deed of conveyance, which was regular, and as they had made various improvements on it, one of which was the well or spring injured by appellee, they were, in the absence of proof to the contrary, presumably entitled to the possession, and therefore…

1Opinion of the Court

*29Opinion op the Court by

Judge Hobson

Reversing.

Queen Long and her children live in Logan county, upon a small tract of land situated on the east side of the Louisville & Nashville Railroad. She bought the property in the year 1900, and has since lived upon it with her children. It contains about three-fourths of an acre. They make their living mainly by taking in washing. Shortly after they- moved to the place, they dug a well or deep spring on the land near the right of way of the railroad. This spring has since furnished a never-failing supply of water for household and domestic purposes.…

2Cases cited10 opinions

  1. Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
  2. Houston & Texas Central Railroad v. EastTexas Supreme Court · 1904
  3. Wheatley v. BaughSupreme Court of Pennsylvania · 1855
  4. Collins v. Chartiers V. Gas Co.Supreme Court of Pennsylvania · 1890
  5. Kinnaird v. Standard Oil Co.Court of Appeals of Kentucky · 1890

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3Cited by13 opinions

  1. Louisville Gas & Electric Co. v. BeaucondCourt of Appeals of Kentucky · 1920
  2. Swift & Co. v. Peoples Coal & Oil Co.Supreme Court of Connecticut · 1936
  3. Hemminger v. City of Des MoinesSupreme Court of Iowa · 1925
  4. Rose v. Socony-Vacuum Corp.Supreme Court of Rhode Island · 1934
  5. Commonwealth, Dept. of Highways v. WidnerCourt of Appeals of Kentucky (pre-1976) · 1965

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