Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 91

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 91

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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. 1901 edition. Excerpt: ...the trial. He should not depend on the chaff experiment made a half-century ago, when he could have repeated it at the time of the suit, could have opened the ground and in many other ways shown a condition of affairs to justify a conclusion. M(l. Argument of Counsel. In the absence of evidence tending to prove that it is a well-defined subterranean stream, it will be presumed that the spring was fed and formed by the percolation of water through the surrounding soil and was not the outbreak, on the surface, of a subterranean stream. Hoddeman v. Brinlzart, 84 Am. Dec. 511; Hanson v. MeCue, 42 Cal. 303; Ellster v. Sprz'ngfleld, 30 N. E. R. 278; Swett v. Cutts, 50 N. H., 439; Case v. Hofiflnan, 72 N. W. R., 390; Davis v. Spaulding, 32 N. E. R., 650; Metealf v. Nelson, 65 N. W. R. 611; W/zeatley v. Bang/z, 64 Am. Dec. '727, note. If it is not affirmatively shown that surface water is supplied by a definite flowing stream the presumption is that it comes from ordinary percolation. Tampa Water Works v. Cline, 20 South R. 786. The plaintiff 's first prayer permits a recovery if an appreciable quantity was diverted and the flow thereby diminished, irrespective of the fact whether the quantity so diverted and the diminished flow affected the use of the mill. In Frazier v. Brown, 12 Ohio St. 294, the word used is " substantially" undiminished--a word very different from " appreciable. " One betokens substance, the other "perception "--a something that can be estimated or discovered by the senses or intellect. JUDGE STORY in Tyler v. Wilkinson, 4 Mason, 397, says: "The diminution, retardation or acceleration, not positively and sensibly injurious by diminishing the value of the common right, is more

Product details

  • Paperback | 286 pages
  • 189 x 246 x 15mm | 513g
  • United States
  • English
  • black & white illustrations
  • 123683402X
  • 9781236834027