| John Hoff Stewart - 1878 - عدد الصفحات: 738
...right to the use of the water which flows in the stream adjacent to his lands, as it was wont to ran, without diminution or alteration. No proprietor has...use the water to the prejudice of other proprietors Acquackanonk Water Co. v. Watson. above or below him, unless he has a prior right to divert it or a... | |
| William Wait - 1878 - عدد الصفحات: 1004
...Davis \. Getchell, 50 Me. 604 ; Hayes v. Waldron, 44 NH 584. The consequence of this principle is, that no proprietor has a right to use the water to the prejudice of another (Id. ; Tyl-er v. Wilkinson, 4 Mason [CC], 397), and if he does so use it, it is an actionable... | |
| William Pugsley - 1879 - عدد الصفحات: 814
...land, as it was wont to run, (curre-n solebat) without diminution or alteration. No proprietor has the right to use the water to the prejudice of other proprietors...above or below him, unless he has a prior right to diveit it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple... | |
| Québec (Province) - 1879 - عدد الصفحات: 922
...before the land he retains in his possession, which does not authorize him to divert the stream, or use the water to the prejudice of other proprietors above or below him. An action by a. seignior against his co-seignior for the improper use of the common estate, can be... | |
| Horace Gay Wood - 1881 - عدد الصفحات: 1118
...in New York, Clinton v. Myers, 46 NY 511 ; 7 Am. Rep. 373, GROVEU, J.,says : " No proprietor has the right to use the water to the prejudice of other proprietors above or below him on the stream. He has no property in the water itself, but a simple usufruct of it as it passes along."... | |
| 1889 - عدد الصفحات: 1166
...the use of the water which flows in the stream adjacent to iiis lands as it was wont to run, (currere solebat,) without diminution or alteration. !N"o proprietor...enjoyment. He has no property in the water itself, but asimple usufruct while it passes along. Aqua currit et débet currere ut curréis- xolebat, is the... | |
| Prince Edward Island. Supreme Court - 1885 - عدد الصفحات: 558
...the use of the water which flows in the stream adjacent to his lands as it was wont to run (currere solebat) without diminution or alteration. No proprietor...below him unless he has a prior right to divert it, or to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it... | |
| Robert Stewart Morrison - 1885 - عدد الصفحات: 760
...the langnage of Mr. Justice NELSON, in Howard v. Ingersol, 13 How. 426: "Xo proprietor," he says, " has a right to use the water to the prejudice of other proprietors, above or below, unless he has acquired a prior right to divert it. He has no property in the water itself, but a simple... | |
| John Norton Pomeroy - 1887 - عدد الصفحات: 344
...the water which flows in the stream adjacent to his lands as it was wont to run, (currcre sotebat,') without diminution or alteration. No proprietor has...below him, unless he has a prior right to divert, or a title to iEmbreyv. Owen, 6 Exch. 352; Wood v. Waud. 3 Exch. 748; Bealey v. Shaw, 6 East, 208;... | |
| 1888 - عدد الصفحات: 1042
...right to the use of the water which flows in the stream adjacent to his lands as it is wont to run, without diminution or alteration. No proprietor has...water to the prejudice of other proprietors above him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property... | |
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