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PIERSON v. COFFEY

706 S.W.2d 409 (1985)

John H. PIERSON, and Gynelle Pierson, husband and wife, Appellants, v. Harold COFFEY, and Jerry Deal, Individually and doing business as C & D Harbor Service, C & D Harbor Service, Inc.; and Kenneth E. Love, Individually and doing business as Marine Service, Jointly and Severally, Appellees. Harold COFFEY; and Jerry Deal, Individually and doing business as C & D Harbor Service; and C & D Harbor Service, Inc., Cross-Appellants, v. John H. PIERSON; and Gynelle Pierson, husband and wife, Cross-Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 6, 1985.

Discretionary Review Denied and Opinion Ordered Published by Supreme Court March 20, 1986.

Attorney(s) appearing for the Case

J. William Phillips, Murray, for John H. Pierson and Gynelle Pierson.

Timothy A. Langford, Hickman, for Kenneth E. Love.

Thomas L. Osborne, Paducah, Larry G. Kelley, Wickliffe, for Harold Coffey, Jerry Deal, and C & D Harbor Service, Inc.

Before HAYES, C.J., and GUDGEL and WHITE, JJ.

GUDGEL, Judge:

This is a case of first impression. The principal issue is whether a commercial barge fleeting service company, which conducts its business on the Mississippi River by using boulders and anchor buoys placed on the riverbed without the consent of adjacent riparian property owners, may be adjudged liable for damages for trespass. The trial court adjudged that it could not. We disagree with the court's conclusion on this and another issue, although we...

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