| James Kent - 1826-1830 - 1828 - 432 pages
...as the value of water power is more and more felt in manufacturing establishments. Every proprietor of lands, on the banks of a river, has naturally an...adjacent to his lands, as it was wont to run. (currere $olebat) without diminution or alteration. No proprietor has a right to use the water, to the prejudice... | |
| New Jersey. Court of Chancery - Law reports, digests, etc - 1878 - 738 pages
...(Vol. Ill, § 52), lays down these principles as to the former. Every proprietor of lands, he says, on the banks of a river, has naturally an equal right...stream adjacent to his lands, as it was wont to run, without diminution or alteration. No proprietor has a right to use the water to the prejudice of other... | |
| James Kent - Law - 1832 - 536 pages
...as the value of water power is more and more felt in manufacturing establishments. Every proprietor of lands on the banks of a river, has naturally an...solebat,) without diminution or alteration. No proprietor ha» a right to use the water, to the prejudice of other proprietors, abo,re or below him, unless he... | |
| Charles James Gale, Thomas Denman Whatley - Servitudes - 1840 - 382 pages
...appropriation. Per Story, J. in Tyler $• al. v. Wilkinson «Ç- al. 4 Mason, 403. And such proprietor has naturally an equal right to the use of the water which flows in the stream adjacent to his land, as it was wont to полу, without diminution or alteration. 3 Kent's Com. 439. (2d cd.) And... | |
| Joseph Kinnicut Angell - Water - 1840 - 294 pages
...itself ; — but a simple use of it, while it passes along. The consequence of this principle is, that no proprietor has a right to use the water to the prejudice of another." "This," adds the same high authority, " is the necessary result of the perfect equality of... | |
| Law - 1831 - 600 pages
...that it will be of advantage to cite it at length. " Every proprietor of lands on the banks of the river, has naturally an equal right to the use of...adjacent to his lands, as it was wont to run (currere soleoat), without diminution or alteration. No proprietor has a right to use the water to the prejudice... | |
| New Jersey. Court of Chancery - Equity - 1846 - 688 pages
...difficulty is to apply the law. The natural rights of riparian owners are well defined. Every proprietor of lands on the banks of a river, has naturally an equal right to tlie use of the water which flows in the stream adjacent to his lands, as it was wont to run, (airrerc... | |
| Georgia. Supreme Court - Equity - 1848 - 702 pages
...Cowen'x, Rep.518. And see the valuable note on page 536. Every proprietor of lands, says Chancellor Kent, on the banks of a river, has, naturally, an equal...stream adjacent to his lands, as it was wont to run, (currcre solebat,) without diminution or alteration. No proprietor has a right to use the water, to... | |
| Robert Porrett COLLIER (Baron Monkswell.) - Mining law - 1849 - 238 pages
...water itself, but a simple use of it while it passes along. The consequence of this principle is, that no proprietor has a right to use the water to the prejudice of another. It is wholly immaterial whether the party be a proprietor above or below in the course of... | |
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