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" All that the law requires of the party by or over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not to destroy, or render useless, or materially diminish or affect the application of the water by the proprietors... "
Albany Law Journal - Σελίδα 171
1871
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Commentaries on American Law, Τόμος 3

James Kent - 1828 - 432 σελίδες
...law requires of the party, by or over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not to destroy,...and detain the water unreasonably, or let it off in unusual quantities to the annoyance of his neighbour." Pothier lays down the rule very strictly, that...

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

New Jersey. Court of Chancery - 1878 - 738 σελίδες
...the law requires of the party by or over whose land a stream passes is, that he should use the water in a reasonable manner, and so as not to destroy or...affect the application of the water by the proprietors above or below on the stream. The number of adjudged cases, involving the rights of contending proprietors,...

Commentaries on American Law, Τόμος 3

James Kent - 1832 - 536 σελίδες
...the party, by or over whose land a stream passes, is, that he should use the water in a reanonable manner, and so as not to destroy, or render useless,...and detain the water unreasonably, or let it off in unusual quantities, to the anv. Sh:uv. 6 East's Rep. 208. Wright v. Howard, 1 Simon Sf Stuart, 190....

Reports of Cases Argued and Determined in the Court of Chancery of ..., Τόμος 6

New York (State). Court of Chancery, Alonzo Christopher Paige - 1838 - 712 σελίδες
...injury, and the manner of using the water. 5. All that the law requires is that he should use the water in a reasonable manner, and so as not to destroy,...render useless, or materially diminish or affect the like application of the water by the proprietors below. The use of the water by this defendant comes...

A Treatise on the Law of Easements

Charles James Gale, Thomas Denman Whatley - 1840 - 382 σελίδες
...law requires of the party, by and over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not to destroy or...below on the stream. He must not shut the gates of his dam, and detain the water unreasonably, or let it off in unusual quantities, to the annoyance of his...

Theologiae moralis, Τόμος 2

Francis Patrick Kenrick - 1842 - 438 σελίδες
...law requires of the party, by or over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not to destroy,...and detain the water unreasonably, or let it off in unusual quantities to the annoyance of his neighbour." Kent's Comm. vol. Ш. n. 441. (5) " Though a...

A Law Dictionary, Adapted to the Constitution and Laws of the ..., Τόμος 1

John Bouvier - 1843 - 752 σελίδες
...water in any reasonable manner, either for his use or pleasure, so as not to destroy or render useless, materially diminish, or affect the application of...and detain the water unreasonably, or let it off in unusual quantities to the annoyance of his neighbours. 4 Dall. 211; 3Caines,207; 13 Mass. 420; 3 Pick....

Reports of Cases in Equity: Argued and Determined in the Court of Appeals ...

South Carolina. Court of Appeals, James Sanders Guignard Richardson - 1845 - 632 σελίδες
...the law requires of the party by or over whose land a stieam passes, is, that he should use the water in a reasonable manner, and so as not to destroy,...affect the application of the water by the 'proprietors above or below on the stream." This is, in substance, the same principle which has been stated. For,...

A Treatise on the Law of Landlord and Tenant, as ..., Βιβλίο 90,Τόμος 1

John Smith Furlong - 1845 - 830 σελίδες
...law requires of the party by, or over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not to destroy,...diminish, or affect the application of the water by the proprietor lower down on the stream : he must neither close his sluices(ft), so as to detain the water...

The Exchequer Reports: Reports of Cases Argued and Determined in ..., Τόμος 6

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - 1849 - 1008 σελίδες
...useless, or materially 1851. diminish or affect the application of the water by the proprietors above or below on the stream. He must not shut the gates of...and detain the water unreasonably, or let it off in unusual quantities, to the annoyance of his neighbour. Pothier lays down the rule very strictly, that...




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