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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. "
Cases Argued and Determined in the Court of Common Pleas and in the ... - Страница 595
по John Scott, Great Britain. Court of Common Pleas - 1857
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The Law of Riparian Rights, Alluvion and Fishery: With Introductory Lectures ...

Lal Mohun Doss - 1891 - 476 страници
...Commentaries,3 that it may be usefal to cite at length the following passages from them : — " Every proprietor of lands on the banks of a river has naturally an...of the water which flows in the. stream adjacent to las lands, as it was wont to run (currere solebat), without diminution or alteration. No proprietor...

The Pacific Reporter, Том 31

1893 - 1288 страници
...respondents, and it sreina to us that the law is uniformly settled that every proprietor of leads on the bank of a river has naturally an equal right to the use...stream adjacent to his lands, as it was wont to run, without diminution or alteration. No proprietor has a right to use the water to the prejudice of other...

The Pacific Reporter, Том 31

1893 - 1164 страници
...seems to us that the law is uniformly settled that every proprietor of lands on the bank of a rlverhas naturally an equal right to the use of the water which...stream adjacent to his lands, as it was wont to run, without diminution or alteration. No proprietor has a right to use the water to the prejudice of other...

A Treatise on the Law of Water Rights as the Same is Formulated and Applied ...

John Norton Pomeroy - 1893 - 640 страници
...Kent is frequently cited, as embodying a terse and accurate statement of the rule: "Every proprietor of lands on the banks of a river has naturally an equal right to the use of the water which flows in iEmbrey v. Owen, 6 Exch. 352; Wood v Waud, 3 Exch. 748; Bealey v. Shaw, 6 East. 208; Mason v. Hill,...

The Pacific Reporter, Том 31

1893 - 1176 страници
...respondents, and it seems to UH that the law is uniformly settled that every proprietor of lauds on the btink of a river has naturally an equal right to the use of the water whii-h Hows in the stream adjacent to his lands, as it was wont to run, without diminution or alteration....

A Treatise on the Law of Irrigation: Including the Law of Water-rights and ...

Clesson Selwyne Kinney - 1894 - 854 страници
...the use of waters of natural streams and lakes by riparian proprietors. "Every proprietor," he says, "of lands on the banks of a river has naturally an...which flows in the stream adjacent to his lands, as it is wont to run (^Currere solebat^), without diminution or alteration. No proprietor has a right to...

Ruling Cases Arranged, Annotated and Edited, Том 10

Robert Campbell, Irving Browne - 1896 - 932 страници
...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 equal right to the use of the No. 10. — Embrey v. Owen, 6 Exch. 369-371. water which flows in the stream adjacent to his lands,...

Lawyers' Reports Annotated, Книга 39

1898 - 926 страници
...Barber (Wash.i 30 LKA (165, and note. The common-law right to running water is that every proprietor of lands on the banks of a river has naturally an...(currere solebat) without diminution or alteration. 3 Kent, Com. »439; M' Calmant v. Whitaker, 3 Rawle, 84. 23 Am. Dec. 102: Broten v. Bush, 45 Pa. 66;...

United States Reports: Cases Adjudged in the Supreme Court at ..., Том 174

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1899 - 868 страници
...citations or quotations, to quote the language of Chancellor Kent, 3 Kent Com. § 439 : "Every proprietor of lands on the banks of a river has naturally an...adjacent to his lands, as it was wont to run (currere solebaf) without diminution or alteration. No proprietor has a right to use the water, to the prejudice...

Summary of the Law Relating to Pollution of Waters of Lakes and Streams

Rome Green Brown - 1900 - 38 страници
...foundation of the American law of pollution. These are stated by Kent aj follows : "Every proprietor of lands on the banks of a river has naturally an...adjacent to his lands, as it was wont to run (currere soleUat). without diminution or alteration. No proprietor has a right to use the water, to the prejudice...




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