Select Cases and Other Authorities on the Law of Property, Volume 2 |
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Page 11
gives the reason : “ For water is a movable , wandering thing , and must of
necessity continue common by the law of nature . " Ib . p . 18 . It is not disputed
that this would be so with respect to the water of a river or any open running
stream .
gives the reason : “ For water is a movable , wandering thing , and must of
necessity continue common by the law of nature . " Ib . p . 18 . It is not disputed
that this would be so with respect to the water of a river or any open running
stream .
Page 21
Asher , 96 N . Y . 604 ( 1884 ) , one Hogan owned a tract of land , hout seventeen
acres of which were overflowed by a pond made by a dam on a stream . hogan
sold to J . H . Asher , in 1869 , half an acre of his land adjoining the pond , by a ...
Asher , 96 N . Y . 604 ( 1884 ) , one Hogan owned a tract of land , hout seventeen
acres of which were overflowed by a pond made by a dam on a stream . hogan
sold to J . H . Asher , in 1869 , half an acre of his land adjoining the pond , by a ...
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 90
GRAY , C . J . The right of an owner of land to the support of the land adjoining is
jure naturae , like the right 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 ...
GRAY , C . J . The right of an owner of land to the support of the land adjoining is
jure naturae , like the right 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 ...
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