A Treatise on the American Law of Easements and ServitudesLittle, Brown, 1885 - 829 páginas |
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Página v
... cited in this edition only when the peculiar circumstances of particular cases seemed to render them noticeable . Other cases , though settling the law for the first time in the States in which they were decided , follow the line of ...
... cited in this edition only when the peculiar circumstances of particular cases seemed to render them noticeable . Other cases , though settling the law for the first time in the States in which they were decided , follow the line of ...
Página xi
... cited . If here and there this rule has been departed from , it has been too infrequent to detract from its character as a purely English work . 66 It appeared in 1839 , and in 1840 was republished in New York , with notes by E. Hammond ...
... cited . If here and there this rule has been departed from , it has been too infrequent to detract from its character as a purely English work . 66 It appeared in 1839 , and in 1840 was republished in New York , with notes by E. Hammond ...
Página xxii
... Bass v . Edwards 108 , 258 , 295 Basserman v . Trinity Church Bassett v . Company Baten's Case Bates v . Smith 56 309 , 372 , 506 , 511 499 171 561 , 566 185 , 740 652 , 656 PAGE 396 , 501 , 502 , 517 Brondage v xxii INDEX TO CASES CITED .
... Bass v . Edwards 108 , 258 , 295 Basserman v . Trinity Church Bassett v . Company Baten's Case Bates v . Smith 56 309 , 372 , 506 , 511 499 171 561 , 566 185 , 740 652 , 656 PAGE 396 , 501 , 502 , 517 Brondage v xxii INDEX TO CASES CITED .
Página xxv
... Essex Co. 419 , 451 v . Elizabeth v . Martin v . Parker 225 , 245 117 , 122 47 , 268 v . Fisher v . Fisk 475 , 545 210 , 218 , 220 , 232 , 236 , 239 PAGE Commonwealth v . Kelly v . Low 233 , INDEX TO CASES CITED . XXV 498 536.
... Essex Co. 419 , 451 v . Elizabeth v . Martin v . Parker 225 , 245 117 , 122 47 , 268 v . Fisher v . Fisk 475 , 545 210 , 218 , 220 , 232 , 236 , 239 PAGE Commonwealth v . Kelly v . Low 233 , INDEX TO CASES CITED . XXV 498 536.
Página xxix
... Looney 176 , 299 Glaze v . Western , & c . R. R. Co. 165 397 Gleason v . Assabet Co. 265 v . Tuttle 376 , 471 160 , 476 738 Gloninger v . Franklin Coal Co. 19 , 674 Goddard v . Dakin Godfrey v . Alton PAGE 97 INDEX TO CASES CITED . xxix.
... Looney 176 , 299 Glaze v . Western , & c . R. R. Co. 165 397 Gleason v . Assabet Co. 265 v . Tuttle 376 , 471 160 , 476 738 Gloninger v . Franklin Coal Co. 19 , 674 Goddard v . Dakin Godfrey v . Alton PAGE 97 INDEX TO CASES CITED . xxix.
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Otras ediciones - Ver todas
A Treatise American Law of Easements and Servitudes (Classic Reprint) Emory Washburn Sin vista previa disponible - 2017 |
A Treatise on the American Law of Easements and Servitudes Emory Washburn Sin vista previa disponible - 2022 |
Términos y frases comunes
acquired action adjoining Allen another's land applied appurtenant aqueduct artificial Barb Barnew belonging building C. E. Green canal cited civil law claim claim of right common law Conn continued conveyance conveyed court held courts of equity covenant created Cush damages dedication deed defendant defendant's doctrine dominant estate drain easement effect enjoyed erected Exch existing extent favor grantor Gray highway incorporeal hereditament injury Iowa jury land-owner liable license limited Mass ment metes and bounds mill mill-owner natural navigable necessary obstruction occupied owner of land parcel of land party wall pass Penn Pick plaintiff plaintiff's land pond premises prescriptive right presumption privilege purchaser purposes question reasonable reference repair respect right of light right to flow riparian proprietor river rule sect servient estate servitude Smith soil sold statute stream street tenant tenement thereby thereof tion Traité twenty upper watercourse Wend
Pasajes populares
Página 104 - The first of these rules is, that on the grant by the owner of a tenement of part of that tenement as it is then used and enjoyed, there will pass to the grantee all those continuous and apparent easements...
Página 764 - I shall only observe that, whatsoever unlawfully annoys or doth damage to another is a nuisance ; and such nuisance may be abated, that is, taken away or removed by the party aggrieved thereby, so as he commits no riot in the doing of it.
Página 315 - Every proprietor has an equal right to use the water which flows in the stream, and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent of the other proprietors, who may be affected by his operations, no proprietor can either diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above.
Página 118 - That the question does not depend upon whether the covenant runs with the land is evident from this, that if there was a mere agreement and no covenant, this court would enforce it against a party purchasing with notice of it; for if an equity is attached to the property by the owner, no one purchasing with notice 139 Gray, p 1133, fn 17.
Página 333 - By the general law applicable to running streams, every riparian proprietor has a right to what may be called the ordinary use of the water flowing past his land; for instance, to the reasonable use of the water for his domestic purposes and for his cattle, and (fc) (1858), 12 Moore PC p. 150. this without regard to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream.
Página 334 - But he has no right to intercept the regular flow of the stream, if he thereby interferes with the lawful use of the water by other proprietors and inflicts upon them a sensible injury
Página 322 - I do not mean to be understood, as holding the doctrine, that there can be no diminution whatsoever, and no obstruction or impediment whatsoever, by a riparian proprietor, in the use of the water as it flows; for that would be to deny any valuable use of it. There may be, and there must be allowed of that, which is common to all, a reasonable use.
Página 341 - In virtue of this ownership he has a right to the use of the water flowing over it in its natural current, without diminution or obstruction...
Página 326 - ... flowing water is publici juris, not in the sense that it is a bonum vacans, to which the first occupant may acquire an exclusive right, but that it is public and common in this sense only, that all may reasonably use it who have a right of access to it...
Página 715 - Suppose a person who formerly had a mill upon a stream should pull it down, and remove the works, with the intention never to return. Could it be held that the owner of other land adjoining the stream might not erect a mill and employ the water so relinquished ? Or that he could be compellable to pull down his mill if the former mill-owner should afterwards change his determination and wish to rebuild his own?