Select Cases and Other Authorities on the Law of Property, Volume 2 |
From inside the book
Page 10
But we are of opinion that no such right is claimed by the alleged custom . The
action is not for taking water , the property of the plaintiff ' ; and no such action
could be supported unless the water were contained in a cistern or some vessel
in ...
But we are of opinion that no such right is claimed by the alleged custom . The
action is not for taking water , the property of the plaintiff ' ; and no such action
could be supported unless the water were contained in a cistern or some vessel
in ...
Page 29
iaken ; but as it did not appear whether or not the conveyance to Henry
Livingston comprehended a portion of the Vosburg farm , a new trial was
necessary , and Mr . Justice Spencer , who delivered the opinion thereupon ,
says he does not ...
iaken ; but as it did not appear whether or not the conveyance to Henry
Livingston comprehended a portion of the Vosburg farm , a new trial was
necessary , and Mr . Justice Spencer , who delivered the opinion thereupon ,
says he does not ...
Page 36
The Oxford , Worcester , and Wolverhampton Railway Company , and that there
was evidence to go to the jury to prove injury to the reversion ; but he reserved
leave to the defendant to move to enter a nonsuit , if the court should be of
opinion ...
The Oxford , Worcester , and Wolverhampton Railway Company , and that there
was evidence to go to the jury to prove injury to the reversion ; but he reserved
leave to the defendant to move to enter a nonsuit , if the court should be of
opinion ...
Page 40
CROWDER , J . I am of opinion that this rule should be discharged . 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 ...
CROWDER , J . I am of opinion that this rule should be discharged . 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 ...
Page 43
Upon this ruling a verdict was by arrangement entered for the defendant on the
first count , leave being reserved to the plaintiff to move to set it aside , if the court
should be of opinion that the above ruling of the Lord Chief Justice was ...
Upon this ruling a verdict was by arrangement entered for the defendant on the
first count , leave being reserved to the plaintiff to move to set it aside , if the court
should be of opinion that the above ruling of the Lord Chief Justice 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