Smith v. Rogers

Court of Appeals of Kentucky

Smith v. Rogers

16 Ky. 117, 1811 Ky. LEXIS 1

DecidedMay 1, 1811

StatusPublished

This text of 16 Ky. 117 (Smith v. Rogers) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Rogers, 16 Ky. 117, 1811 Ky. LEXIS 1 (Ky. Ct. App. 1811).

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Opinion

Opinion of the Court, by

Judge Clark.

THIS writ of error is prosecuted to an order of the county court of Fayette, establishing a mill on North Elkhorn, on the land of said Rogers. The inquest upon which this order was founded, is erroneous, in not stating specially, the damage the overflowing of the water would be to each proprietor of the lands adjoining. It only states that Dorcas Smith, James Munday and the heirs of Martin Smith, deceased, would be injured to the amount of $65, by the overflowing of the water. What proportion of this sum each of these individuals was entitled to, was a matter of fact, which ought to have been ascertained by the inquest.

Order reversed.

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Opinion of the Court, by

Judge Clark.

THIS writ of error is prosecuted to an order of the county court of Fayette, establishing a mill on North Elkhorn, on the land of said Rogers. The inquest upon which this order was founded, is erroneous, in not stating specially, the damage the overflowing of the water would be to each proprietor of the lands adjoining. It only states that Dorcas Smith, James Munday and the heirs of Martin Smith, deceased, would be injured to the amount of $65, by the overflowing of the water. What proportion of this sum each of these individuals was entitled to, was a matter of fact, which ought to have been ascertained by the inquest.

Order reversed.

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Bluebook (online)

16 Ky. 117, 1811 Ky. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-rogers-kyctapp-1811.