 | Connecticut. Supreme Court of Errors - 1888 - 662 σελίδες
...land and " thereby caused the water to flow off upon the plaintiffs' land," and the court held that "the obstruction of surface water or an alteration...affords no cause of action in behalf of a person who does not act inconsistent with the due exercise of domiifion over his own soil." WC Case and WH Ely,... | |
 | 1881 - 572 σελίδες
...surface water which is supplied by rains or melting snow flowing in a hollow or ravine on the land. "The obstruction of surface water or an alteration...loss or detriment therefrom against one who does no net inconsistent with the due exercise of dominion over his own soil." Bigelow, C. J., in Gauuan v.... | |
 | 1881 - 572 σελίδες
...snow flowing iu a hollow or ravine on the land. " The obstruction of surface water or an alteration iu the flow of it, affords no cause of action in behalf...loss or detriment therefrom against one who does no net inconsistent with the due exercise of dominion over his own soil." Bigelow, C. J., in Gauuan v.... | |
 | Massachusetts. State Board of Agriculture - 1873 - 624 σελίδες
...of the soil, so as to turn it off in a new course after it has come within his boundaries. So that the obstruction of surface water or an alteration...with the due exercise of dominion over his own soil. A party may improve any portion of his land, ajthough he may thereby cause the surface water flowing... | |
 | Emory Washburn - 1873 - 830 σελίδες
...part of this work (p. *211 et seq.*), especially the language of the court of Massachusetts, that " the obstruction of surface water or an alteration...with the due exercise of dominion over his own soil." 2 But the doctrine as above stated is in accordance with recent opinions of some of the American Courts.... | |
 | Isaac Grant Thompson - 1875 - 840 σελίδες
...courts have steadily adhered to the rule followed by the court below. In that State it is said that "the obstruction of surface water, or an alteration...with the due exercise of dominion over his own soil." Gannon v. Horgadon, 10 Allen, 110 ; Parks v. Newburyport, 10 Graff, 28 ; Ashley v. Wolcott, 11 Gush.... | |
 | 1876 - 860 σελίδες
...the level of the soil, so as to turn it off in a new course after it has come within his boundaries. The obstruction of surface water, or an alteration...with the due exercise of dominion over his own soil." =8 The question of liability where one improves his land by artificial drains, which cast the water... | |
 | William Wait - 1879 - 1002 σελίδες
...States, the doctrine of the common law prevails ; and it is held, in accordance with this doctrine, that the obstruction of surface water, or an alteration...with the due exercise of dominion over his own soil. A party may improve any portion of his land, although he may thereby cause the surface water flowing... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1879 - 684 σελίδες
...quantities or in other directions than they were accustomed to flow." Again, from the same cause : " The obstruction of surface water or an alteration...with the due exercise of dominion over his own soil." In delivering the opinion, in the case of Goodale v. Tattle, 29 K Y. 459, DENIO, CJ, said : Taylor,... | |
| |
The obstruction of surface water or an alteration in the flow of it affords no cause of action in behalf of a person who may suffer loss or detriment therefrom against one who does no act inconsistent with the due exercise of dominion over his own soil. 
