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Edwards v. Lee’s Administrator

Kentucky Court of Appeals
265 Ky. 418, 96 S.W.2d 1028 (1936)


L.P. Edwards (defendant) discovered a cave under his property. Edwards began advertising the cave to the public and eventually built up a successful business exhibiting the cave to the public. F.P. Lee (plaintiff) owned land next to Edwards. Lee sued Edwards for an injunction and damages on the ground that part of the cave was under Lee’s property. The trial court granted Lee an injunction, enjoining Edwards from further trespass on Lee’s property. The trial court also awarded as damages a percentage of Edwards’s net profits from the cave business equal to the percentage of the cave that was under Lee’s property. Both parties appealed. Lee sought damages in the amount of gross profits.

Rule of Law


Holding and Reasoning (Stites, J.)

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