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Seite 210 - On the other hand, if the defendants, not stopping at the natural use of their close, had desired to use it for any purpose which I may term a non-natural use, for the purpose of introducing into the close that which in its natural condition was not in or upon it. for the purpose of introducing water either above or below ground in quantities and in a manner not the result of any work or operation on or under the land...
Seite 210 - I may term the natural user of that land there had been any accumulation of water, either on the surface or underground, and if by the operation of the laws of nature that accumulation of water had passed off into the close occupied by the plaintiff, the plaintiff could not have complained that that result had taken place.
Seite 210 - ... purpose of introducing water either above or below ground in quantities and in a manner not the result of any work or operation on or under the land ; and if in consequence of their doing so, or in consequence of any imperfection in the mode of their doing so, the water came to escape and to pass off into the close of the plaintiff, then it appears to me that that which the defendants were doing they were doing at their own peril...
Seite 83 - C. D., his executors, administrators or assigns ; for which payment, well and truly to be made, I bind myself, my heirs, executors and administrators firmly by these presents. Sealed with my seal.
Seite 218 - ... mode of their doing so, the water came to escape and to pass off into the close of the Plaintiff, then it appears to me that that which the Defendants were doing they were doing at their own peril ; and, if in the course of their doing it, the evil arose to which I have referred, the evil, namely, of the escape of the water and its passing away to the close 'of the Plaintiff and injuring the Plaintiff, then for the consequence of that, in my opinion, the Defendants would be liable.
Seite 218 - ... have used that close for any purpose for which it might in the ordinary course of the enjoyment of land be used ; and if, in what I may term the natural user of that land, there had been any accumulation of water, either on the surface or...
Seite 192 - it is called interest but is really damages." If the judge was meaning that such damages were not capable of being treated as interest, he was in my opinion guilty of an error in law, even before the Act of 1934. I do not think it necessary to express any opinion on the actual decision of that case, which turned upon its particular facts.
Seite 318 - Whenever the company has passed an extraordinary resolution to the effect that it has been proved to its satisfaction that the company cannot by reason of its liabilities continue its business, and that it is advisable to wind up the same.