SOUTHERN STATES COOPERATIVE v. STEWART


338 S.W.2d 395 (1960)

SOUTHERN STATES COOPERATIVE, Appellant, v. Archie STEWART et al., Appellees.

Court of Appeals of Kentucky.

September 16, 1960.


Attorney(s) appearing for the Case

James M. Collier, Elizabethtown, Fred C. Dolt, Louisville, for appellant.

David D. Jarrett and Hobson L. James, Elizabethtown, for appellees.


PER CURIAM.

This is a motion for an appeal from a $1,500 damage award arising out of the alleged maintenance of a nuisance by appellant.

Appellant contends that appellees failed to prove negligence and that the damages are excessive. The condition shown to have been created by appellant constituted a nuisance, in effect resulting in a trespass upon appellees' property, and the issue of negligence was not relevant. See Rogers v. Gibson, 267 Ky. 32, 101 S.W...

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