Select Cases and Other Authorities on the Law of Property, Volume 2 |
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Page 26
But without determining whether when once taken for use , the party might not
forego the benefit of it to his estate and sell to another , the conclusion we think is
warranted that the sale would not give him a right to take more than reasonably
he ...
But without determining whether when once taken for use , the party might not
forego the benefit of it to his estate and sell to another , the conclusion we think is
warranted that the sale would not give him a right to take more than reasonably
he ...
Page 39
I apprehend the law to be this , that no action lies for the use , the reasonable use
, of a lawful trade in a convenient and proper place , even though some one may
suffer annoyance from its being so carried on . But it may be that it would not be ...
I apprehend the law to be this , that no action lies for the use , the reasonable use
, of a lawful trade in a convenient and proper place , even though some one may
suffer annoyance from its being so carried on . But it may be that it would not be ...
Page 40
The passage from Comyns ' s Digest is as follows : “ An V action upon the case
does not lie for a reasonable use of my right , though it be to the annoyance of
another ; as , if a butcher , brewer , & c . , use his trade in a convenient place ...
The passage from Comyns ' s Digest is as follows : “ An V action upon the case
does not lie for a reasonable use of my right , though it be to the annoyance of
another ; as , if a butcher , brewer , & c . , use his trade in a convenient place ...
Page 44
plaintiff ' s comfort , if they were of opinion that the spot where the bricks were
burned was a proper and convenient spot , and the burning of them was , under
the circumstances , a reasonable use by the defendant of his own land . The jury
...
plaintiff ' s comfort , if they were of opinion that the spot where the bricks were
burned was a proper and convenient spot , and the burning of them was , under
the circumstances , a reasonable use by the defendant of his own land . The jury
...
Page 46
If it be good law , that the fitness of the locality prevents the carrying on of an
offensive trade from being an actionable nuisance , it appears necessarily to
follow that this must be a reasonable use of the land . But if it is not good law ,
and if the ...
If it be good law , that the fitness of the locality prevents the carrying on of an
offensive trade from being an actionable nuisance , it appears necessarily to
follow that this must be a reasonable use of the land . But if it is not good law ,
and if the ...
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