Edwards v. Lee's Administrator
Kentucky Court of Appeals
96 S.W.2d 1028 (1936)
Relevant factsFree
L.P. Edwards (defendant) discovered a cave beneath his land and built a successful tourism business exhibiting it; part of the cave extended under neighboring land owned by F.P. Lee (plaintiff), who sued for an injunction and damages. The trial court enjoined further trespass and awarded Lee damages equal to the percentage of Edwards's net cave-business profits proportional to the percentage of the cave lying under Lee's property; both parties appealed, with Lee seeking gross rather than net profits.
IssueFree
Whether the proper measure of damages, when a defendant is unjustly enriched through unlawful use of another's real property, is the net profits the defendant received from that use.