 | William Joyce - 1872 - 852 страници
...PART I. other proprietors, who may be affected by his operations ; no gECT 3 proprietor can either diminish the quantity of water which would otherwise...to the proprietors below, nor throw the water back on the proprietors above. Every proprietor who claims a right either to throw the water back above,... | |
 | James Kent - 1873 - 690 страници
...to its ordinary channel when it leaves his estate. Without the consent of the adjoining proprietors, he cannot divert or diminish the quantity of water...enjoyment of twenty years, which is evidence of it. (c) This is the clear and settled general doc(a) It is stated, that in England, a party who makes a... | |
 | Emory Washburn - 1873 - 830 страници
...the consent of the other proprietors, who may be affected by his operations, no proprietor can either diminish the quantity of water which would otherwise descend to the proprietors below, or throw the water back upon the proprietors above." 10. Now the rights of a riparian proprietor of... | |
 | Leonard Shelford, Great Britain, Thomas Henry Carson - 1874 - 936 страници
...the consent of the other proprietors, who may he affected by his operations. No proprietor can either diminish the quantity of water, which would .otherwise...throw the water back upon the proprietors above." ( Wright v. Howard, \ Sim. & Stu. 203; the foregoing remarks were adopted by Lord Tenterden, C. .T.,... | |
 | Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1875 - 786 страници
...to its ordinary channel when it leaves his estate. Without the consent of the adjoining proprietors, he cannot divert or diminish the quantity of water...which is evidence of it. This is the clear and settled doctrine on the subject, and all the difficulty that arises consists in the application. Streams of... | |
 | United States. Supreme Court - 1875 - 750 страници
...estate. Without the consent of the adjoining proprietors he cannot divert or diminish the quantity of the water which would otherwise descend to the proprietors...the water back upon the proprietors above without n grant or an uninterrupted enjoyment of twenty years, which is evidence of it. This is the clear and... | |
 | Horace Gay Wood - 1875 - 976 страници
...to its ordinary channel when it leaves his estate. Without the consent of the adjoining proprietors he cannot divert or diminish the quantity of water...would otherwise descend to the proprietors below.' " In Blanchard v. Baker, 8 Greenl. 253, 266, the doctrine is stated in the following clear and emphatic... | |
 | Clement Higgins - 1877 - 296 страници
...to its ordinary channel when it leaves his estate. Without the consent of the adjoining proprietors he cannot divert or diminish the quantity of water...and settled general doctrine on the subject, and all USR 397; Wood v. Waud, 3 Chasenwre v. Richards, 7 HL Exch. 775; Shury v. Plgott, 3 Cas. 384. Bulstr.... | |
 | William Joyce (of Lincoln's Inn.) - 1877 - 528 страници
...the consent of the other proprietors who may be affected by his operations ; no proprietor can either diminish the quantity of water which would otherwise...to the proprietors below, nor throw the water back on the proprietors above. Every proprietor who claims a right, either to throw the water back above,... | |
 | Nevada. Supreme Court - 1877 - 1026 страници
...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 above without a grant, or an uninterrupted eujoyment of twenty years, which is an evidence of it." This is the clear and well-settled general... | |
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... 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 another direction, and he must return it to its ordinary channel when it leaves his estate. Without the consent of the... 
