Select Cases and Other Authorities on the Law of Property, Volume 2C. W. Sever, 1889 - Personal property |
From inside the book
Page 102
... party who obtains a right to the exclusive en- joyment of the water does so in derogation of the primitive right of the public . Now if this be the true character of the right to water , a party complaining of the breach of such a right ...
... party who obtains a right to the exclusive en- joyment of the water does so in derogation of the primitive right of the public . Now if this be the true character of the right to water , a party complaining of the breach of such a right ...
Page 104
... party to maintain an action on the case . Now , assuming that the stopping of the water was a wrongful act of the defendant , has the plaintiff thereby sustained any temporal loss or damage ? He alleges that he has sus- tained a damage ...
... party to maintain an action on the case . Now , assuming that the stopping of the water was a wrongful act of the defendant , has the plaintiff thereby sustained any temporal loss or damage ? He alleges that he has sus- tained a damage ...
Page 125
... party's own land , and the present , where the very end and object of the act done was to collect and appro- priate the water . And upon the state of things existing in this case , a further distinction was insisted upon between a party ...
... party's own land , and the present , where the very end and object of the act done was to collect and appro- priate the water . And upon the state of things existing in this case , a further distinction was insisted upon between a party ...
Page 151
... party defendant to pull down the erection which had been declared a nuisance , as when the continued injury to the party complaining is but insignificant , and the erection of great value . There it would be wrong to give exemplary ...
... party defendant to pull down the erection which had been declared a nuisance , as when the continued injury to the party complaining is but insignificant , and the erection of great value . There it would be wrong to give exemplary ...
Page 153
... 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 lædas ? The opinion in the case of the Monongahela Navigation Company v . Coon , 6 Barr , 379 ...
... 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 lædas ? The opinion in the case of the Monongahela Navigation Company v . Coon , 6 Barr , 379 ...
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Common terms and phrases
action of debt adjoining aforesaid agreement alleged appears appurtenant assumpsit attornment authority benefit building cause claim close common law contract conveyance conveyed court covenant damages declaration deed defendant defendant's demised premises demurrer easement enjoyment entered entitled erected eviction evidence executors facts fee simple fendant feoffment ferry flow grant grantor ground heirs and assigns held highway indenture injury judge judgment jury Justice landlord lease lessee lessor license locus in quo Lord manor messuage mill Moxhay natural Nicholas Taylor nuisance obstruction occupied opinion owner party wall pass passage person Peter Paige plaintiff plea pleaded possession prescription present principle privity privity of contract proprietor purchase purpose question railroad reason rent rent service repair Reported reversion riparian river River Wandle road rule seised servient soil Statute stream street tenant tenement term thereof tion trespass trial verdict watercourse