Select Cases and Other Authorities on the Law of Property, Volume 2 |
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Page 19
But in order to enable the assignee of the land to take advantage of such a
benefit , it must be a benefit falling within the definition I have given , — a
definition frequently given with reference to the question whether a covenant runs
with a ...
But in order to enable the assignee of the land to take advantage of such a
benefit , it must be a benefit falling within the definition I have given , — a
definition frequently given with reference to the question whether a covenant runs
with a ...
Page 39
The two questions which I purpose leaving to you are , — first , was the place in
which these bricks were burned a proper and convenient place for the purpose ?
That seems to me to be not a question of law for me , but one of fact for you upon
...
The two questions which I purpose leaving to you are , — first , was the place in
which these bricks were burned a proper and convenient place for the purpose ?
That seems to me to be not a question of law for me , but one of fact for you upon
...
Page 40
As to the first ground , there was evidence on both sides of an extremely
conflicting character : but the question was one especially for a jury ; and the
learned judge who tried the cause has not expressed himself dissatisfied with the
result .
As to the first ground , there was evidence on both sides of an extremely
conflicting character : but the question was one especially for a jury ; and the
learned judge who tried the cause has not expressed himself dissatisfied with the
result .
Page 46
If such a question is proper for their consideration in an action such as the
present , for a nuisance by immitting corrupted air into the plaintiff ' s house , we
can see no reason why a similar question should not be submitted to the jury in
actions ...
If such a question is proper for their consideration in an action such as the
present , for a nuisance by immitting corrupted air into the plaintiff ' s house , we
can see no reason why a similar question should not be submitted to the jury in
actions ...
Page 47
... impossible to lay down any rule of law applicable to every case , and which will
also be useful in assisting a jury to come to a satisfactory conclusion : it must at
all times be a question of fact with reference to all the circumstances of the case .
... impossible to lay down any rule of law applicable to every case , and which will
also be useful in assisting a jury to come to a satisfactory conclusion : it must at
all times be a question of fact with reference to all the circumstances of the case .
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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