Edwards v Sims (1929) - Case Brief PDF

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Edwards v Sims 24 S.W.2d 619 (Court of Appeals of Kentucky, 1929) Plaintiff: Sims (appellee) Defendant: Edwards (Appellant) Procedure: Currently in trial of equity, Appeal to the Court of Appeals of Kentucky for a writ of prohibition.

RULE OF LAW: Land owners only own that which is on their property from in the sky to the deepest part of earth and as such using a cave to trespass onto another’s land through a cave system must be addressed.

FACTS: The Edwards operate onyx cave called “Great Onyx Cave” and have a substantial amount of traffic to visit this location. Neighboring land owner claims that part of the caves are on his land and that there has been trespass. He requests a survey of the cave to see how much if any of the caves extend upon his land. The Edwards file for a writ of prohibition to stop the survey, which, has been denied.

ISSUE: Would being subjected to a court order survey of a cave system be a breach of judiciary power and cause harm with no remedy?

HOLDING AND REASONING: YES – While the entrance is on the owners’ land if it trespass onto another land it must become known so that no further trespass can be prevented.

CONCURRENCE:

DISSENT: Logan – a man who owns land does in truth and in fact own everything zenith to nadir but only for the use that he can make of it for his profit or pleasure. He owns nothing which he cannot subject to his dominion. So that the owner of the cave entrance should have full ownership of the cave systems that he has established is connected to this entrance.

JUDGMENT: The Writ of Prohibition is denied

Notes & Questions:...