WITHERS v. BEREA COLLEGE


349 S.W.2d 357 (1961)

Elizabeth WITHERS et al., Appellants, v. BEREA COLLEGE, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied October 13, 1961.


Attorney(s) appearing for the Case

Thomas D. Shumate, Richmond, for appellants.

Shackelford & Burnam, Richmond, for appellee.


PALMORE, Judge.

The appellee, Berea College, owns a large tract of mountain woodland at the head of Cowbell Hollow in Madison County. From 1904 until 1955 it collected and impounded water from five underground springs and a small dam and reservoir for surface water in this area. In 1955, at a cost of about $250,000, it constructed a large dam across the hollow, creating a 20-acre reservoir covering the six water sources theretofore used. It uses the water to supply...

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