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" All that the law requires of the party by or over whose land a stream passes is, that he should use the water in a reasonable manner, and so as not to destroy or render useless, or materially diminish or affect the application of the water by the proprietors... "
The Practice at Law: In Equity, and in Special Proceedings, in All the ... - Страница 22
по William Wait - 1873
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Reports of Cases Determined in the Supreme Court, Court of ..., Страница 10

James Horsfield Peters, Prince Edward Island. Vice Admiralty Court, Prince Edward Island. Supreme Court - 1872 - 276 страници
...the water. All the law requires of a party by or over whose land a stream passes, is that he should use the water in a reasonable manner, and so as not to destroy, render usi less, or materially diminith or affect the application of the water by the proprietors below,...

A Treatise on the American Law of Easements and Servitudes

Emory Washburn - 1873 - 830 страници
...had a right to divert what was reasonably necessary for supplying his family use, and that he might use the water in a reasonable manner, and so as not...materially diminish or affect the application of the same by the proprietors upon the stream below. And it was further held, that the rule that water ought...

A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1874 - 880 страници
...All that the law requires of the party, by or over whose land the stream passes, is that he should use the water in a reasonable manner, and so as not...water, by the proprietors above or below on the stream. "The same law," it has been observed, "will be found to be applicable to the corresponding rights to...

Reports of Cases Decided in the Circuit and District Courts of the ..., Том 2

Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1875 - 786 страници
...water. All that the law requires of a party by or over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not...by the proprietors above or below on the stream." In England it seems that a proprietor is not permitted to use water for irrigation, if thereby Opinion...

A Practical Treatise on the Law of Nuisances in Their Various Forms ...

Horace Gay Wood - 1875 - 976 страници
...water. A.11 that the law requires of a party, by or over whose land a stream passes, is that he should use the water -in a reasonable manner, and so as not...destroy or render useless, or materially diminish or aifect the application of the water by the proprietors below on the stream. He must not shut the gates...

A Treatise on the Law of Torts, Том 1

Charles Greenstreet Addison - 1876 - 874 страници
...who sustains actual injury therefrom. («) But the person by or over whose land the stream passes, must not shut the gates of his dams and detain the...unreasonably, or let it off in unusual quantities to the prejudice of his neighbor. The just and equitable principle is given in the Roman law : " Sic enim...

Wrongs and Their Remedies: A Treatise on the Law of Torts, Том 1

Charles Greenstreet Addison - 1876 - 832 страници
...person who sustains actual injury therefrom(w). But the person by or over whose land the stream passes, must not shut the gates of his dams and detain the...unreasonably, or let it off in unusual quantities to the prejudice of his neighbor. The just and equitable principle is given in the Roman law : " Sic enim...

A Treatise on the Law Relating to the Pollution & Obstruction of ...

Clement Higgins - 1877 - 296 страници
...water. All that the law requires of the party by or over whose land a stream passes is, that he should use the water in a reasonable manner, and so as not...not shut the gates of his dams and detain the water uureasonably, or let it off in unusual quantities, to the annoyance of his neighbours. Pothier lays...

Reports of Cases Decided in the Court of Chancery, the Prerogative ..., Том 2

John Hoff Stewart - 1878 - 738 страници
...water. All that the law requires of the party by or over whose land a stream passes is, that he should use the water in a reasonable manner, and so as not...by the proprietors above, or below on the stream. The number of adjudged cases, involving the rights of contending proprietors, to be found in the reports,...

Reports of cases decided in: afterw. determined by the ..., Брой 2, Том 1

William Pugsley - 1879 - 814 страници
...water. All that the law requires of the party, by or over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not...destroy, or render useless, or materially diminish, or effect the application of the water by the proprietors above or below on the stream. He must not shut...




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