Goodin's Ex'rs v. Kentucky Lumber Co.
Court of Appeals of Kentucky
Case 100 — PETITION OBDINABY APPEAL PROM WHITLEY COURT OP COMMON PLEAS. The evidence shows no effort to guide the logs down the stream, and makes manifest appellee’s carelessness and -negligence. 1. "When the facts are ascertained, the question whether or not the stream^ is a public highway is a question of law.
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Case 100 — PETITION OBDINABY APPEAL PROM WHITLEY COURT OP COMMON PLEAS. The evidence shows no effort to guide the logs down the stream, and makes manifest appellee’s carelessness and -negligence. 1. "When the facts are ascertained, the question whether or not the stream^ is a public highway is a question of law. (Morgan v. King, 18 Barb.,. 285; Rhodes v. Otis, 33 Ala., 598.) 2. The public have a right of way in every stream which is capable in its natural state and its ordinary volume of water of transporting, in a condition fit for market, the products of the forests or mines or the tillage…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
In the month of March, in the year 1886, a rise in the upper Cumberland river, unprecedented in its character, caused the waters to sweep over the lands, from bill to hill on either side, destroying farms, houses, fencing, orchards, and, in fact, ■ making the- entire improvements a wreck on all the farms bordering on the river for miles above the'falls. The appellant’s testator, John Groodin, owned a valuable farm that was-almost ruined by the overflow, and prior to his death instituted this action against the Kentucky Lumber-Company,…
2Cited by4 opinions
- United States v. CressSupreme Court of the United States · 1917
- Floyd County v. AllenCourt of Appeals of Kentucky · 1921
- James v. CarterCourt of Appeals of Kentucky · 1895
- CASCIANI v. PruettDistrict Court, M.D. Tennessee · 2000