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" Though he may use the water while it runs over his land as an incident to the land, he cannot unreasonably detain It, or give it another direction, and he must return It to its ordinary channel when it leaves his estate. "
Reports of Cases Decided in the Court of Chancery of the State of New Jersey - Страница 370
по New Jersey. Court of Chancery - 1878
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Commentaries on American Law, Том 3

James Kent - 1832 - 536 страници
...currit et debet currere, is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it...when it leaves his estate. Without the consent of (he adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Том 14

Vermont. Supreme Court - 1843 - 598 страници
...proprietor above the right to use the water either in the natural channel, or an artificial one, but he must return it to its ordinary channel when it leaves his estate. 3 Kent's Com. 429. 3. The defendant contends that he is not liable, since the south channel upon his...

Questions and Answers on Law: Alphabetically Arranged. With ..., Том 2

Asa Kinne - 1852 - 736 страници
...has a prior right to divert it, or to an exclusive enjoyment. He may use the water running over his land ; he cannot unreasonably detain it, or give it another direction ; and it must be returned to the ordinary channel when it leaves his estate and passes over the land of his...

Institutes of American Law, Том 2

John Bouvier - 1854 - 692 страници
...other proprietors, above and below him;(d) though he may use the water while it runs over his lands, he cannot unreasonably detain it, or give it another...when it leaves his estate. Without the consent of the inferior proprietor, he cannot divert or diminish the quantity of the water, which would otherwise...

Cases Argued and Determined in the Court of Common Pleas and in the ..., Том 1

John Scott, Great Britain. Court of Common Pleas - 1857 - 534 страници
...currit et debet currere,' is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it...leaves his estate. Without the consent of the adjoining proprie-' tors, he cannot divert or diminish the quantity of water which would otherwise descend to...

Commentaries on American Law, Том 3

James Kent - 1858 - 728 страници
...he may use the water while it runs over his land as an incident to the land, he cannot uureasonably detain it, or give it another direction, and he must...diminish the quantity of water which would otherwise deseend to the proprietors below, nor throw the water back upon the proprietors above, without a grant,...

The Citizens' Manual of Government and Law: Comprising the Elementary ...

Andrew White Young - 1858 - 460 страници
...lands, " as it was wont to run." Each may use the water while it runs upon his own land ; but he can not unreasonably detain it, or give it another direction...to its ordinary channel when it leaves his estate. He can not, by dams or any obstruction, cause the water injuriously to overflow the grounds of the...

Books 1 & 2

William Blackstone, George Sharswood - 1860 - 874 страници
...ut airrcra solebat is the language of the law. Though the proprietor may use the water while it runs over his land as an incident to the land, he cannot...to its ordinary channel when it leaves his estate. 3 Kent, 537. Norton vs. Valentine, 14 Verm. 239. Arnold vs. Foot, 12 Wend. 330. Wadsworth vs. Tillotson,...

Reports of Decisions of the Supreme Court of the State of Nevada, Том 2

Nevada. Supreme Court - 1867 - 426 страници
...while it passes along. Aqua curret et debet currere ut currere solebat is the language of the law. Without the consent of the adjoining proprietors he cannot divert or diminish the quantity of the water which would otherwise descend to the proprietor below, nor throw the water back upon the-proprietors...

Reports of Cases Determined in the Supreme Court of the State of ..., Том 2

Nevada. Supreme Court - 1867 - 440 страници
...while it passes along. Aqua curret et debet currere ut currere solebat is the language of the law. Without the consent of the adjoining proprietors he cannot divert or diminish the quantity of the water which would otherwise descend to the proprietor below, nor throw the water back upon the...




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