LEWALLEN v. DAVENPORT


255 S.W.2d 16 (1953)

LEWALLEN v. DAVENPORT.

Court of Appeals of Kentucky.

February 13, 1953.


Attorney(s) appearing for the Case

Hiram H. Owens, Barbourville, for appellant.

C. B. Upton, William Rose, Williamsburg, for appellee.


CLAY, Commissioner.

Appellee brought this suit to recover damages for the flooding of his property caused by a fill or dam built by appellant. A verdict was directed for appellee, and appellant contends that neither the law nor the evidence justified the judgment.

Appellee owned a lot which adjoined a state highway. Thereon he built a store and grist mill. Adjoining this lot at a lower elevation was the land of appellant. In 1949 the State Highway Department...

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