Select Cases and Other Authorities on the Law of Property, Volume 2 |
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Page 11
But the spring of water is supplied and renewed by nature ; it must have flowed
from a distance by an underground channel ; and , when it issues from the
ground , till appropriated for use , it flows onward by the law of gravitation .
But the spring of water is supplied and renewed by nature ; it must have flowed
from a distance by an underground channel ; and , when it issues from the
ground , till appropriated for use , it flows onward by the law of gravitation .
Page 37
The earliest instances of such an action are , cutting trees , subverting the soil ,
and erecting a dam across a stream so as to cause it to flow over the plaintiff ' s
land . In the two former cases , the thing done was not removable or remediable ...
The earliest instances of such an action are , cutting trees , subverting the soil ,
and erecting a dam across a stream so as to cause it to flow over the plaintiff ' s
land . In the two former cases , the thing done was not removable or remediable ...
Page 60
Noise is similar to currents of air and the flow of subterranean and uncertain
streams in its practical incapability of physical interruption , but it differs from them
in its capability of grounding an action . Webb v . Bird and Chase . more v .
Richards ...
Noise is similar to currents of air and the flow of subterranean and uncertain
streams in its practical incapability of physical interruption , but it differs from them
in its capability of grounding an action . Webb v . Bird and Chase . more v .
Richards ...
Page 74
B . 515 , 564 , in which the Court of Common Pleas , after great deliberation , held
that it is the right of each of the owners of adjoining mines , where neither mine is
subject to any servitude to the other , to work his own mine , as far as the flow ...
B . 515 , 564 , in which the Court of Common Pleas , after great deliberation , held
that it is the right of each of the owners of adjoining mines , where neither mine is
subject to any servitude to the other , to work his own mine , as far as the flow ...
Page 90
... in a flowing stream . Every owner of land is entitled , as against his neighbor ,
to have the earth stand and the water flow in its natural condition . In the case of
running water , the owner of each estate by which it 90 GILMORE V . DRISCOLL .
... in a flowing stream . Every owner of land is entitled , as against his neighbor ,
to have the earth stand and the water flow in its natural condition . In the case of
running water , the owner of each estate by which it 90 GILMORE V . DRISCOLL .
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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