Select Cases and Other Authorities on the Law of Property, Volume 2 |
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Page 36
PUOI . was incumbent on him to show that the wrong complained of was in its
nature permanent ; and that there was no evidence here that the nuisances
complained of were otherwise than of a mere temporary description . For the
plaintiff ...
PUOI . was incumbent on him to show that the wrong complained of was in its
nature permanent ; and that there was no evidence here that the nuisances
complained of were otherwise than of a mere temporary description . For the
plaintiff ...
Page 38
The cause was tried before Byles , J . , at the sittings at Westminster after the last
term , when the following facts appeared in evidence : – The plaintiff occupied a
house in a newly formed road abutting upon a field belonging to the defendant ...
The cause was tried before Byles , J . , at the sittings at Westminster after the last
term , when the following facts appeared in evidence : – The plaintiff occupied a
house in a newly formed road abutting upon a field belonging to the defendant ...
Page 39
That seems to me to be not a question of law for me , but one of fact for you upon
the evidence you have heard . ! ! you think , looking at all the circumstances , it
was a proper place , then , although the plaintiff ' s enjoyment of his property may
...
That seems to me to be not a question of law for me , but one of fact for you upon
the evidence you have heard . ! ! you think , looking at all the circumstances , it
was a proper place , then , although the plaintiff ' s enjoyment of his property may
...
Page 40
It was moved upon two grounds , — first , that the verdict was against the
evidence ; secondly , for misdirection . As to the first ground , there was evidence
on both sides of an extremely conflicting character : but the question was one
especially ...
It was moved upon two grounds , — first , that the verdict was against the
evidence ; secondly , for misdirection . As to the first ground , there was evidence
on both sides of an extremely conflicting character : but the question was one
especially ...
Page 52
On the part of the defendants , evidence was called to show that the whole
neighborhood was studded with manufactories and tall chimneys , that there
were some alkali works close by the defendants ' works , that the smoke from one
was ...
On the part of the defendants , evidence was called to show that the whole
neighborhood was studded with manufactories and tall chimneys , that there
were some alkali works close by the defendants ' works , that the smoke from one
was ...
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action adjoining agreed alleged appears apply assigns authority banks belonging benefit bound building built called carried cause claim close common consideration considered continued conveyance conveyed course court covenant custom damages decided decision deed defendant defendant's direction easement effect enjoyed enjoyment entered entitled erected evidence exist extent fact flow give given grant ground heirs held highway injury interest judge judgment jury Justice land license Lord maintain manner means mentioned mill natural necessary neighbor nuisance obstruction occupier opinion ordinary owner particular party pass passage person plaintiff plea possession premises prescription present principle proper proprietor proved purchased question reasonable reference repair Reported respect river road rule side soil stream street sufficient surface taken tenant tenement term thereof thing tion trespass trial verdict wall watercourse whole