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" Subject to this condition, he may dam up the stream for the purpose of a mill, or divert the water for the purpose of irrigation. But he has no right to interrupt the regular flow of the stream, if he thereby interferes with the lawful use of the water... "
Law Relating to Public Health and Local Government - 235. oldal
szerző: William Cunningham Glen - 1872 - 844 oldal
Teljes nézet - Információ erről a könyvről

Reports of Cases Decided in the Court of Chancery of the State of ..., 63. kötet

New Jersey. Court of Chancery - 1903 - 930 oldal
...purpose of a mill or divert the water for the purpose of irrigation. But he has no right to intercept the regular flow of the stream, if he thereby interferes...proprietors and inflicts upon them a sensible injury." This I understand to be the doctrine of Higgins v. Flcmington Water Works Co., 9 Stew. Eg. 538. The...

An Essay on Waste, Nuisance, and Trespass: Chiefly with Reference to ...

George Valentine Yool - 1863 - 308 oldal
...him. Subject to this condition he may dam up the stream for the purpose of a mill, or divert the water for the purpose of irrigation.' But he has no right...proprietors, and inflicts upon them a sensible injury." If the stream begins to flow in a defined channel directly it springs from the ground, these principles...

Reports of Cases Decided at Nisi Prius and at the Crown Side on ..., 3. kötet

Thomas Campbell Foster, William Francis Finlason - 1864 - 998 oldal
...extraordinary use, provided he does not interfere with the rights of other proprietors above or below. Subject to this condition he may dam up the stream...proprietors and inflicts upon them a sensible injury." That was the law on the subject. Now, in that judgment it was not said that the owner of the land through...

A Digest of All the Reports Published in Lower Canada, to 1863

Québec (Province), Andrew Robertson - 1864 - 548 oldal
...condition, he may dam up the stream for the purposes of a mill, or direct the water for the purposes of irrigation. But he has no right to interrupt the...water by other proprietors, and inflicts upon them a serious injury. Semble, That for the purposes of this case, it docs not appaar that any material distinction...

The Law Reports. Court of Exchequer: From Michaelmas Term, 1865 ..., 2. kötet

Great Britain. Court of Exchequer - 1867 - 468 oldal
...purpose of a mill, or divert the water for the purpose of irrigation. But he has no right to intercept the regular flow of the stream, if he thereby interferes...proprietors, and inflicts upon them a sensible injury." According to the law so enunciated, and which no doubt is the law, it would be competent for Mr. Bagshaw,...

The Exchequer Reports: Reports of Cases Argued and ..., 4. kötet;140. kötet

Great Britain. Court of Exchequer - 1868 - 778 oldal
...Subject to this condition, he may dam up the stream for the purpose of a mill, or divert the water for the purpose of irrigation. But he has no right...proprietors, and inflicts upon them a sensible injury." According to the law so enunciated, and which no doubt is the law, it would be competent for Mr. Bagshawe...

The South Australian Law Reports: Report of Cases Determined in ..., 1. kötet

South Australia. Supreme Court - 1868 - 202 oldal
...him. Subject to this condition, he may dam up the stream for the purpose of a mill or divert the water for the purpose of irrigation ; but he has no right...proprietors, and inflicts upon them a sensible injury." Some exception was taken to this statement of the law in the more recent case of Lord Norbury v. Kitchin,...

Albany Law Journal, 28. kötet

1884 - 550 oldal
...Subject to this condition, he may dam up the stream for the purpose of a mill, or divert the water for the purpose of irrigation. But he has no right...proprietors and inflicts upon them a sensible injury." Since these decisions, the dicta of Tindal, CJ, in Liygins v. Inge, 7 Bing. 682, cited above, can no...

Albany Law Journal, 24. kötet

1881 - 572 oldal
...below him. * * He has no right to interrupt tho regular flow of the stream, if he thereby interfere with the lawful use of the water by other proprietors, and inflicts upon them a sensible injury." In McCalmount v. IVIiitaker, 3 Rawle, 90, Gibson, C. J., thus tersely states the rule: "The water-power...

Albany Law Journal, 24. kötet

1881 - 572 oldal
...* * He has no right to interrupt the. regular How of the stream, ¡f he thereby interfore with tho lawful use of the water by other proprietors, and inflicts upon them a sensible injury." In McCalmounl v. WhitaUer, .'? Rawle, 90, (iibson, C. X, thus tersely states the rule: "The water-power...




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