The Law Library Volume 77

The Law Library Volume 77

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1853 edition. Excerpt: ...whether such invasion would be merely injuria sine damno, has been declared an open question by the Court of Qucen's Bench.(a) Mr. Gale, however, in his Treatise on Easements, gives some reasons for supposing that mere invasion of a right is the subject of an action, (b) not the least of which is, that such W2 invasion has been pronounced to be "injuria," and the exist ence of " injuria sine damno" has been denied. The right however to the enjoyment of water running subterraneously, has been differently construed from that to streams above ground. In a case indeed at nisi prius, which was never reviewed by the Court, Lord Ellenborough seems to have denied the existence of any such difl'erence;(b) in Acton v. Blundell, (c) however, it was distinctly recognised, and the grounds of it explained. In that case the occupier of certain land and a cotton mill, had made a well for the purpose of raising water to supply the mill: the defendants sunk coal pits in their own land, one about three quarters of a mile, the other somewhat less from the well, which had the elfect of draining it. On the argument of a bill of exceptions tendered to the ruling of the learned judge who tried the cause, Tindal, J. pronounced the judgment of the Court of Common Pleas, of which the following is an extract. " The ground and origin of the law which governs streams running in their natural course would seem to be this, that the right enjoyed by the several proprietors of the lands over which they flow is, and always has been long continued--in ordinary cases, indeed, time out of mind, and uninterrupted; each man knowing what he receives, and what has always been received from the higher lands, and what he transmits, and what has...
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Product details

  • Paperback | 216 pages
  • 189 x 246 x 12mm | 395g
  • United States
  • English
  • black & white illustrations
  • 1236858158
  • 9781236858153