 | 1886 - 940 страници
...ordinary channel wl)°n it leaves his estate. Without the consent of the adjoining proprietors, Ie cannot divert or diminish the quantity of water which...would otherwise descend to the proprietors below." 3 Kent, Comm. 439. "Aquacurrit et débet currerc ut carrero solebav," is the language of the ancient... | |
 | 1886 - 878 страници
...adjacent to his property; but, without the assent of the adjoining proprietors, he can not divert it or diminish the quantity of water which would otherwise descend to the proprietors below. The law requires of the party that he should use the stream in a reasonable -manner; and one of the... | |
 | 1888 - 1042 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...grant, or an uninterrupted enjoyment of twenty years, [fifteen under our statute,] which is evidence of it. This is the clear and settl'-d general doctrine... | |
 | John Chipman Gray - 1888 - 816 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...settled general doctrine on the subject, and all the difficultj that arises consists in the application. The owner must so use and apply the water as to... | |
 | John R. Bartlett - 1888 - 152 страници
...it runs in its natural channel, but he cannot unreasonably detain it, or give it another direction. He cannot divert or diminish the quantity of water...throw the water back upon the proprietors above." These principles have never been questioned in New York and have been frequently reaffirmed by the... | |
 | Edward Warren Hines, William Pope Duvall Bush, John Cleland Wells, Frank L. Wells, Findlay Ferguson Bush, Horace C. Brannin, William Cromwell, W. J. Chinn, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - 1888 - 1094 страници
...divert or diminish the quantity of water which woijld otherwise descend to the proprietors below Uor throw the water back upon the proprietors above without...grant or an uninterrupted enjoyment of twenty years (fifteen under our statute), which is evidence of it. This is the clear and settled general doctrine... | |
 | 1888 - 1032 страници
...above without a grant, or an uninterrupted enjoyment of twenty years, [fifteen under our statute,] which is evidence of it. This is the clear and settled general doctrine on the subject. All the difficulty that arises consists in its application." 2 Kent, Cornm. 439. "The primary use of... | |
 | 1889 - 1272 страници
...ordinary channel when it leaves his estate. Without the consent of the adjoining proprietors, he cuiiuot divert or diminish the quantity of water which would...proprietors below, nor throw the water back upon the proprietor above, without a grant, or an uninterrupted enjoyment of twenty years, which is evidence... | |
 | 1889 - 1164 страници
...it leaves his estate. Without the consent of the adjoining proprietors, he cannot divert or dimmish the quantity of water which would otherwise descend...proprietors below, nor throw the water back upon the proprietor i above, without a grant, or an uninterrupted enjoyment of twenty years, which is evidence... | |
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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... 
