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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. He has no property in the water... "
Report of the Committee on Water Powers, Forestry, and Drainage of the ... - Σελίδα 422
των Wisconsin. Legislature. Committee on Water Powers, Forestry, and Drainage - 1911
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Commentaries on American Law, Τόμος 3

James Kent - 1828 - 432 σελίδες
...growing in interest, as the value of water power is more and more felt in manufacturing establishments. Every proprietor of lands, on the banks of a river,...adjacent to his lands, as it was wont to run. (currere $olebat) without diminution or alteration. No proprietor has a right to use the water, to the prejudice...

Reports of Cases Decided in the Court of Chancery of the State of ..., Τόμος 29

New Jersey. Court of Chancery - 1878 - 738 σελίδες
...(Vol. Ill, § 52), lays down these principles as to the former. Every proprietor of lands, he says, on the banks of a river, has naturally an equal right...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...

Commentaries on American Law, Τόμος 3

James Kent - 1832 - 536 σελίδες
...growing in interest, as the value of water power is more and more felt in manufacturing establishments. Every proprietor of lands on the banks of a river,...solebat,) without diminution or alteration. No proprietor ha» a right to use the water, to the prejudice of other proprietors, abo,re or below him, unless he...

A Treatise on the Law of Easements

Charles James Gale, Thomas Denman Whatley - 1840 - 382 σελίδες
...principle governing this point is time stated by Chancellor Kent in his learned Commentaries (a): — " Every proprietor of lands on the banks of a river has naturally nn equal right to the use of the water which flows in the stream adjacent to his lands, as it was wont...

The Law Times, Τόμος 17

1831 - 600 σελίδες
...that it will be of advantage to cite it at length. " Every proprietor of lands on the banks of the river, has naturally an equal right to the use of...adjacent to his lands, as it was wont to run (currere soleoat), without diminution or alteration. No proprietor has a right to use the water to the prejudice...

Reports of Cases Determined in the Court of Chancery of the State ..., Τόμος 3

New Jersey. Court of Chancery - 1846 - 688 σελίδες
...case made. The difficulty is to apply the law. The natural rights of riparian owners are well defined. Every proprietor of lands on the banks of a river, has naturally an equal right to tlie use of the water which flows in the stream adjacent to his lands, as it was wont to run, (airrerc...

Reports of Cases in Law and Equity, Argued and Determined in the ..., Τόμος 4

Georgia. Supreme Court - 1848 - 702 σελίδες
...Cowen'x, Rep.518. And see the valuable note on page 536. Every proprietor of lands, says Chancellor Kent, on the banks of a river, has, naturally, an equal...stream adjacent to his lands, as it was wont to run, (currcre solebat,) without diminution or alteration. No proprietor has a right to use the water, to...

The Exchequer Reports: Reports of Cases Argued and Determined in ..., Τόμος 3

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - 1850 - 936 σελίδες
...property, and as incidental to it. The law is laid down by Chancellor Kent, in 3 Com. 439, thus : " Every proprietor of lands on the banks of a river...naturally an equal right to the use of the water. . . . He has no property in the water itself, but a simple usufruct as it passes along." " Aqua currit,...

English Reports in Law and Equity: Containing Reports of Cases in the House ...

Edmund Hatch Bennett, Chauncey Smith - 1851 - 680 σελίδες
...on this subject is most perspicuously stated, and it will be of advantage to cite it at length : " Every proprietor of lands on the banks of a river...stream adjacent to his lands, as it was wont to run, (currerc solebat,) without diminution or alteration. No proprietor has a right to use the water, to...

Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Τόμος 13

United States. Supreme Court - 1852 - 668 σελίδες
...trench or ditch, if by so doing he works no injury to the rights of others. Every proprietor of land on the banks of a river has naturally an equal right...water which flows in the stream adjacent to his lands. No proprietor has a right to use the water to the prejudice of other proprietors, above or below, unless...




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