Edwards v. Lee’s Adm’r

96 S.W.2d 1028 (1936)

Facts

Edwards discovered a cave under his land. The entrance to the cave was also on Edwards’ land. Edwards named the cave the Great Onyx Cave. The cave was only three miles from the world-famous Mammoth Cave, and this led Edwards to commercially exploit his discovery. Eventually, it became a significant commercial enterprise to include a hotel and substantial improvements. The authorities in charge of the development of the Mammoth Cave area as a national park undertook to secure the Onyx cave through condemnation proceedings. In that suit, the cave was fixed at $396,000 in value. In April 1928, F.P.Lee (P), an adjoining landowner, filed suit against Edwards (D) claiming that a portion of the cave was under his land. P sought damages, an accounting of profits and an injunction from further trespass or from exhibiting any part of the cave under P’s land. The injunction was granted, and a proportionate share of the net proceeds was awarded to P. Both parties appealed.