A Treatise on the American Law of Easements and ServitudesLittle, Brown, 1873 - 776 páginas |
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Página ix
... 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 . 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 . It appeared in 1839 , and in 1840 was republished in New York , with notes " by E. Hammond ...
Página xx
... 524 , 528 198 , 208 , 221 Blackett v . Bradley 128 164 , 693 Blaine's Lessee v . Chambers 46 608 , 611 Blake v . Clark 46 v . Everett 137 , 161 195 , 223 v . Rich 229 v . Bridges Blanchard v . Baker 287 , 293 XX INDEX TO CASES CITED .
... 524 , 528 198 , 208 , 221 Blackett v . Bradley 128 164 , 693 Blaine's Lessee v . Chambers 46 608 , 611 Blake v . Clark 46 v . Everett 137 , 161 195 , 223 v . Rich 229 v . Bridges Blanchard v . Baker 287 , 293 XX INDEX TO CASES CITED .
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... , 309 , 624 , 705 v . Lowerre 701 , 704 v . Troy Iron Co. 159 , 287 , Dand v . Kingscote Danforth v . Durell 299 , 331 , 703 Daniel v . Anderson 264 187 , 191 59 Daniel v . North v . Wood 113 , 160 INDEX TO CASES CITED . xxiii.
... , 309 , 624 , 705 v . Lowerre 701 , 704 v . Troy Iron Co. 159 , 287 , Dand v . Kingscote Danforth v . Durell 299 , 331 , 703 Daniel v . Anderson 264 187 , 191 59 Daniel v . North v . Wood 113 , 160 INDEX TO CASES CITED . xxiii.
Página xxiv
... , 694 , 695 Doane v . Badger 266 , 267 , 361 , 375 , Eastwood v . Lever 106 Dobson v . Blackmore 597 , 683 693 Eaton v . Swansea Water Works 162 , 163 Eddy v . Simpson 280 , 364 Fifty Associates v xxiv INDEX TO CASES CITED .
... , 694 , 695 Doane v . Badger 266 , 267 , 361 , 375 , Eastwood v . Lever 106 Dobson v . Blackmore 597 , 683 693 Eaton v . Swansea Water Works 162 , 163 Eddy v . Simpson 280 , 364 Fifty Associates v xxiv INDEX TO CASES CITED .
Página xxvii
... , 399 , 400 , 640 , 643 , 646 194 , 195 453 32 Holland v . Long Hollenbeck v . Rowley Holmes v . Buckley 158 , 159 , 165 228 , 266 684 v . Drew v . Goring 440 235 v . Woodward 711 233 , 646 415 , 435 INDEX TO CASES CITED . xxvii.
... , 399 , 400 , 640 , 643 , 646 194 , 195 453 32 Holland v . Long Hollenbeck v . Rowley Holmes v . Buckley 158 , 159 , 165 228 , 266 684 v . Drew v . Goring 440 235 v . Woodward 711 233 , 646 415 , 435 INDEX TO CASES CITED . xxvii.
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Términos y frases comunes
acquired action ad quod damnum adjoining adverse Allen another's land applied appurtenant aqueduct Barb Barnew belonging building canal channel cited civil law claim common law Conn conveyed court held created Cush damages dedication deed defendant discharge divert the water doctrine dominant estate drain easement effect enjoyed enjoyment Exch existing extent favor Fournel Grand Junction Canal grant grantor Gray highway incorporeal hereditament injury irrigation jury land-owner liable license limited Maine ment Metc mill-owner natural flow natural stream navigable necessary obstruction occupation owner of land ownership parcel of land party wall pass Penn percolating Pick plaintiff plaintiff's land pond premises prescriptive right privilege purposes quantity question reasonable reference repair reservoir respect riparian owner riparian proprietor river rule sect servient estate Smith soil spring statute street surface water tenant tenement thereby thereof tion twenty upper mill Verm water flowing watercourse Wend Wisc
Pasajes populares
Página 507 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Página 282 - The right of an owner of land to occupy and improve it in such manner and for such purposes as he may see fit, either by •changing the surface, or the erection of buildings or other structures thereon, is not restricted or modified by the fact that his own land is so situated, with reference to that of adjoining owners, that an alteration in the mode of its improvement or occupation in any portion of it will cause water, which may accumulate thereon by rains and snows falling on its surface, or...
Página 286 - 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 103 - 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 303 - 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 292 - 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 292 - 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 416 - In a broad and comprehensive view, such as has been heretofore taken of the construction of this clause of the declaration of rights, everything which tends to enlarge the resources, increase the industrial energies, and promote the productive power of any considerable number of the inhabitants of a section of the state, or which leads to the growth of towns and the creation of new sources for the employment of private capital and labor, indirectly contributes to the general welfare and to the prosperity...
Página 294 - And among those rights are access to the navigable part of the river from the front of his lot, the right to make a landing wharf or pier for his own use or for the use of the public...
Página 474 - has decided more than this, that you have a right to all 1 12 M. & W. 324. 87H. L. 349. " the water which you can draw from the different sources " which may percolate underground ; but that has no " bearing at all on what you may do with regard to water " which is in a defined channel, and which you are not to " touch. If you cannot get at the underground water " without touching the water in a defined channel, I think