Humpich's Trustees v. Louisville Gas & Electric Co.

Opinion of the Court by

Creal, Commissioner—

Affirming.

At the time of his death, Ben Humpich was the owner of a lot in Louisville, Ky., on Pulton street now known as River road and opposite the lower portion of Tow Head Island in the Ohio river.

In March, 1935, Matilda Humpich and Theodore J. Humpich, as devisees under the will of Ben Humpich, instituted this action against the Louisville Gras & Electric Company, a corporation, seeking to recover damages for the inundation of a portion of this lot by the water of the Ohio river alleged to have been caused by the erection of dam No. 41 at and…