| Charles James Gale - 1849 - 552 Seiten
...!^!HJ! — which flows in the stream adjacent to his lands, as it was wont to run (currere solebat), without diminution or alteration. No proprietor has...has no property in the water itself, but a simple use for it while it passes along. Aqua currit et debet currere, is the language of the law. Though... | |
| Robert Porrett COLLIER (Baron Monkswell.) - 1849 - 238 Seiten
...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... | |
| Edmund Hatch Bennett, Chauncey Smith - 1851 - 680 Seiten
...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... | |
| Joseph Henry Dart - 1851 - 1234 Seiten
...a right to the use of the water flowing in its natural current, without diminution or obstruction. 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... | |
| United States. Supreme Court - 1852 - 668 Seiten
...has naturally an equal right to the use of the water which flows in the stream adjacent to his lands. No proprietor 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... | |
| Asa Kinne - 1852 - 736 Seiten
...divert water courses 1 No person has a right to use a stream of water to the prejudice of other persons above or below him, unless he has a prior right to divert it, or to an exclusive enjoyment. He may use the water running over his land ; he cannot unreasonably detain... | |
| Robert Henley Eden Baron Henley - 1852 - 770 Seiten
...a right to the use of the water flowing in its natural current, without diminution or obstruction. 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... | |
| James Kent - 1854 - 684 Seiten
...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 has...divert it, or a title to some exclusive enjoyment. (1) He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit... | |
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