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" ... without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. "
Cases Argued and Determined in the Court of Common Pleas and in the ... - Page 595
by John Scott, Great Britain. Court of Common Pleas - 1857
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Commentaries on American Law, Volume 3

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...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 29

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...
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Commentaries on American Law, Volume 3

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...
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A Treatise on the Law of Easements

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...
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A Treatise on the Law of Watercourses: With an Appendix, Containing Forms of ...

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...
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The Law Times, Volume 17

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...
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Reports of Cases Determined in the Court of Chancery of the State ..., Volume 3

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...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 4

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...
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., Volume 6

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1849 - 1008 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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A Treatise on the Law Relating to Mines

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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