Select Cases and Other Authorities on the Law of Property, Volume 2 |
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Page 44
135 , where he says , “ A tan - house is necessary , for all men wear shoes , and
nevertheless it may be pulled down if it be erected to the nuisance of another : in
like manner of a glass - house ; and they ought to be erected in places ...
135 , where he says , “ A tan - house is necessary , for all men wear shoes , and
nevertheless it may be pulled down if it be erected to the nuisance of another : in
like manner of a glass - house ; and they ought to be erected in places ...
Page 47
In general , a kitchen chimney , suitable to the establishment to which it belonged
, could not be deemed . a nuisance ; ut it built in an inconvenient place or manner
, on purpose to annoy the neighbors , it might , I think , very properly be treated ...
In general , a kitchen chimney , suitable to the establishment to which it belonged
, could not be deemed . a nuisance ; ut it built in an inconvenient place or manner
, on purpose to annoy the neighbors , it might , I think , very properly be treated ...
Page 49
This principle would comprehend all the cases I have mentioned , but would not
comprehend the present , where what has been done was not the using of land
in a common and ordinary way , but in an exceptional manner ...
This principle would comprehend all the cases I have mentioned , but would not
comprehend the present , where what has been done was not the using of land
in a common and ordinary way , but in an exceptional manner ...
Page 52
... his own property in such a manner as not to injure the property of his neighbors
; that there was no prescriptive right in this case ; that the law did not regard
trifling inconveniences ; that everything must be looked at from a reasonable
point of ...
... his own property in such a manner as not to injure the property of his neighbors
; that there was no prescriptive right in this case ; that the law did not regard
trifling inconveniences ; that everything must be looked at from a reasonable
point of ...
Page 53
... Whether the place was a suitable place for such a trade , and whether it was
carried on in a reasonable manner . ” The learned judge did not put the questions
in this form , but did ask the jury whether the enjoyment of the plaintiff ' s property
...
... Whether the place was a suitable place for such a trade , and whether it was
carried on in a reasonable manner . ” The learned judge did not put the questions
in this form , but did ask the jury whether the enjoyment of the plaintiff ' s property
...
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acquired action adjoining agreed agreement alleged appears applied assigns authority belonging benefit bound building built called carried cause claimed close common consideration considered continued conveyed court covenant custom damages decided decision deed defendant defendant's easement effect enjoyed enjoyment entered entitled erected evidence exist extent fact fence flow give given grant grantor ground heirs held highway injury intended interest judge judgment jury Justice land license light Lord maintain manner means mentioned mill nature necessary obstruction occupiers opinion owner party pass passage person plaintiff plea possession premises prescription present principle proprietor proved purchased question reasonable referred remove repair Reported respect river road rule side soil stream street sufficient surface taken tenant tenement term thereof thing tion trespass trial verdict wall whole