 | Joseph Kinnicut Angell - 1854 - 732 Seiten
...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... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1856 - 614 Seiten
...of his Commentaries, p. 439, says : " No proprietor has a right to use the water of a running stream to the prejudice of other proprietors above or below...divert it or a title to some exclusive enjoyment. Without the consent of the adjoining proprietors, he can not divert or diminish the quantity of water... | |
 | John Scott, Great Britain. Court of Common Pleas - 1857 - 534 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...unless he has a prior right to divert it, or a title for some exclusive enjoyment. He has no property in the water itself, but a simple usufruct as it passes... | |
 | James Kent - 1858 - 728 Seiten
...it was wont to run, (currere solebal,) without diminution or alteration.2 No proprietor has aright to use the water, to the prejudice of other proprietors,...him, unless he has a prior right to divert it, or (a) It is stated, that in England, a party who makes a partition fence between him and his neighbor, must... | |
 | Sir John Budd Phear - 1859 - 140 Seiten
...the use of the water which flows in the stream adjacent to his lands, as it was wont to run (currere solebaf) without diminution or alteration. No proprietor...simple usufruct while it passes along. Aqua currit et debet currere, is the language of the law. Though he may use the water while it runs over his land,... | |
 | Henry Flagg French - 1859 - 408 Seiten
...its natural current, without diminution or obstruction. 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... | |
 | John Hancock Klippart - 1861 - 486 Seiten
...its natural current, without diminution or obstruction. 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... | |
 | George Ripley, Charles Anderson Dana - 1862 - 888 Seiten
...accustomed to flow, without any diminution or alteration as to quantity or quality, he has no exclusive property in the water itself, but a simple usufruct while it passes along; and he cannot appropriate it to his exclusive use, or divert it from its natural chancel, without the... | |
 | Québec (Province), Andrew Robertson - 1864 - 548 Seiten
...before, the land he retains in his possession, which docs not authorize him to divert the stream, or use the water, to the prejudice of other proprietors above or below him. 2. An action by a seignior against his co-seignior for improper use of the common estate, can be maintained.... | |
 | Ohio State Board of Agriculture - 1865 - 768 Seiten
...its natural current, without diminution or obstruction. 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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... 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. He has no property in the water... 
