Anderson v. Cincinnati Southern Railway
Court of Appeals of Kentucky
Case 8 — PETITION ORDINARY APPEAL FROM PULASKI CIRCUIT COURT. 1. While all riparian proprietors have the right to use and consumo the water of a natural stream as it flows past their land, this is as far as they can go, and they cannot stop or obstruct its natural flow, if they thereby interfere with the lawful use of the water by other proprietors, or inflict upon them a sensible injury.
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Case 8 — PETITION ORDINARY APPEAL FROM PULASKI CIRCUIT COURT. 1. While all riparian proprietors have the right to use and consumo the water of a natural stream as it flows past their land, this is as far as they can go, and they cannot stop or obstruct its natural flow, if they thereby interfere with the lawful use of the water by other proprietors, or inflict upon them a sensible injury. (Goddard on Easements, pp. 56, 296, 429 and 430; Angelí on Water-Courses, secs. 93, 7th ed.) What would be a reasonable use of water from one stream might be unreasonable from a smaller stream. (Angelí on…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
Appellant is tlie owner of a water grist-mill, erected by bim in 1872, on Pittman’s creek, under an order of the Pulaski county court, granting the leave as provided by law in such cases. Across the same creek, *47about one mile below its source, and two miles above appellant’s mill, appellees, The Trustees of the Cincinnati Southern Railway, under charter granted by the General Assembly, subsequently built their road, and at the same time erected just above the railroad crossing a wooden dam four feet high, by which a reservoir was formed from which…
2Cases cited3 opinions
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