WHARTON v. COLE


453 S.W.2d 741 (1970)

Jack WHARTON and the City of Barbourville, Kentucky, a Municipal Corporation, Appellants, v. Mattie Hays COLE, Appellee.

Court of Appeals of Kentucky.

Modified on Denial of Rehearing June 12, 1970.


Attorney(s) appearing for the Case

A. Henry Ralston, Denham, Ralston & Nagle, Middlesboro, for appellants.

Charles G. Cole, Jr., Cole & Cole, Barbourville, for appellee.


NEIKIRK, Judge.

Appellant City of Barbourville obtained from appellee Mattie Hays Cole a deed whereby the City was granted a perpetual easement for a flood-wall levee. The deed gave the City the "right to remove therefrom natural and artificial structures or obstructions, including timber and other natural growths and any other obstructions, growth, accumulation, brush, trash, filth, or any other thing which may be considered detrimental to the construction, operation...

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