Select Cases and Other Authorities on the Law of Property, Volume 2 |
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Page 125
A distinction was suggested between such a use as the one last mentioned ,
where the interception of the water was merely the consequence of operations
upon a party ' s own land , and the present , where the very end and object of the
act ...
A distinction was suggested between such a use as the one last mentioned ,
where the interception of the water was merely the consequence of operations
upon a party ' s own land , and the present , where the very end and object of the
act ...
Page 151
There it would be wrong to give exemplary damages . Again , the erection might
be of no value , and the injury occasioned and continued great . In a case like this
the damages should be such as would compel the party to abate the nuisance .
There it would be wrong to give exemplary damages . Again , the erection might
be of no value , and the injury occasioned and continued great . In a case like this
the damages should be such as would compel the party to abate the nuisance .
Page 153
If one party may do this with impunity , and the other must submit without a
remedy , what becomes of the maxim , Sic utere tuo ut alienum non ladas ? The
opinion in the case of the Monongahela Navigation Company v . Coon , 6 Barr ,
379 ...
If one party may do this with impunity , and the other must submit without a
remedy , what becomes of the maxim , Sic utere tuo ut alienum non ladas ? The
opinion in the case of the Monongahela Navigation Company v . Coon , 6 Barr ,
379 ...
Page 162
This , no doubt , is true , under proper limitations , as in cases where there is a
right common to both parties , as in the use ... the question , whether the use was
reasonable , and for the party ' s own convenience or benefit 162 CHATFIELD v .
This , no doubt , is true , under proper limitations , as in cases where there is a
right common to both parties , as in the use ... the question , whether the use was
reasonable , and for the party ' s own convenience or benefit 162 CHATFIELD v .
Page 170
Cujus est solum , ejus est usque ad cælum , is a general rule , applicable to the
use and enjoyment of real property , and the right of a party to the free and
unfettered control of his own land above , upon and beneath the surface cannot
be ...
Cujus est solum , ejus est usque ad cælum , is a general rule , applicable to the
use and enjoyment of real property , and the right of a party to the free and
unfettered control of his own land above , upon and beneath the surface cannot
be ...
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