 | United States. Supreme Court - 1875 - 750 страници
...of that which is common to all." "Every proprietor of lands on the banks of a river," says Kent, " has naturally an equal right to the use of the water...adjacent to his lands, as it was wont to run (currere solebal) without diminution or alteration. No proprietor has a right to use the water to the prejudice... | |
 | Abram Warren Thompson - 1876 - 556 страници
...ownership of the water by riparian proprietor. — The consequence of the principles above noticed is that no proprietor has a right to use the water to the prejudice of another. It is wholly immaterial whether the party be a proprietor above or below in the course of... | |
 | William Henry Michael - 1877 - 936 страници
...CroaUy $ Smu (Limited), 18 LT, NS 15. The maxim is Sit tttere tat at alienum ntm Itedat; and, therefore, no proprietor has a right to use the water to the prejudice of another. Nor may he use it for any purpose inconsistent with similar enjoyment in the owners above... | |
 | John Hoff Stewart - 1878 - 738 страници
...(Vol. HI, § 52), lays down these principles as to the former. Every proprietor of lands, he says, on the banks of a river, has naturally an equal right...the stream adjacent to his lands, as it was wont to ran, without diminution or alteration. No proprietor has a right to use the water to the prejudice... | |
 | William Wait - 1878 - 1004 страници
...Davis \. Getchell, 50 Me. 604 ; Hayes v. Waldron, 44 NH 584. The consequence of this principle is, that no proprietor has a right to use the water to the prejudice of another (Id. ; Tyl-er v. Wilkinson, 4 Mason [CC], 397), and if he does so use it, it is an actionable... | |
 | William Pugsley - 1879 - 814 страници
...subject is most perspicuously stated. Chancellor Kent states the law as follows: " Every proprietor of lands on the banks of a river has naturally an...the water which flows in the stream adjacent to his land, as it was wont to run, (curre-n solebat) without diminution or alteration. No proprietor has... | |
 | Edward P. Weeks - 1879 - 368 страници
...sustained, it was held that not even nominal damages could be recovered. 3 So, every proprietor of land on the banks of a river has naturally an equal right to the use of the water flowing in the 1 Frazer v. Berkley, 7 Car. & P. 621; Robinson v. Rupert, 23 Pa. 554; Evans v. Watson,... | |
 | Horace Gay Wood - 1881 - 1118 страници
...is most perspicuously stated, and it will be of advantage to cite it at length : " Every proprietor of lands on the banks of a river has naturally an...wont to run (currere solebat), without diminution or altera1 Wright v. Howard, 1 Sim. & S. the American courts. See 8 Kent's 190 ; Mason D. Hill, 3 B.&... | |
 | Chauncey F. Black, Samuel B. Smith - 1881 - 556 страници
...of that which is common to all.'* ' Every proprietor of lands on the banks of a river,' says Kent, ' has naturally an equal right to the use of the water...stream adjacent to his lands, as it was wont to run (eurrere solebat) without diminution or alteration. No proprietor has a right to use the water to the... | |
 | 1883 - 572 страници
..." most perspicuously stated" in Embrey v.Oweu, 6 Excb. 369. " Every proprietor of land on the bank of a river has naturally an equal right to the use...without diminution or alteration. No proprietor has the right to use the water, to the prejudice of the proprietors above or below him, unless he has a... | |
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... without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. 
