Louisville & Nashville R. R. v. Brinton
Court of Appeals of Kentucky
Case 26 — Action to Recotoe Damages to Property from Surface Water APPEAL FROM MARION CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals.
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Case 26 — Action to Recotoe Damages to Property from Surface Water APPEAL FROM MARION CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. POINTS AND CITATIONS. 1. The petition alleged that the plaintiff was injured hy changing the course of the water by the construction of a ditch across the railroad track, and there was no proof whatever that the construction of this ditch changed the course of the water. 2. Because the facts showed that before the construction of-the railroad the water flowed across the plaintiff’s land. 3. Because the proximate cause of the water flowing on to the…
1Opinion of the Court
Opinion of the court by
JUDGE PAYNTER
Aefiemino.
The facts in this case are substantially as follows: The appellant's line of road runs east and west through the town of Pittsburg, alias Riley, -across which, running north and south, is a county road. At a point where the county road crosses the railroad, the appellant has constructed a fill two or three feet high. East of the -county road there is what is known in this record as Hays’ Storehouse, which stood at an elevation of about three feet from the ground, on wooden posts. In front of this storehouse there was a platform, and the part of it…
2Cases cited1 opinion
- Stith v. L. & N. R. R.Court of Appeals of Kentucky · 1900
3Cited by9 opinions
- Pickerill v. City of LouisvilleCourt of Appeals of Kentucky · 1907
- Missouri, Kansas & Texas Railway Co. v. AndersonCourt of Appeals of Texas · 1904
- Madisonville, Hartford & Eastern Railroad v. GrahamCourt of Appeals of Kentucky · 1912
- Chesapeake & Ohio Railway Co. v. RobbinsCourt of Appeals of Kentucky · 1913
- City of Henderson v. RobinsonCourt of Appeals of Kentucky · 1913
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