The Pacific Reporter Volume 26

The Pacific Reporter Volume 26

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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. 1891 edition. Excerpt: ...has a natural right of access, and a right to construct a landing, wharf, or pier, for his own use, or for the use of the public, which is a vested right; or appurtenance to his land, under the common law of real property as it existsin the United States, without any reference to statutory license or customary usage. In support of this position I cite Aug. Tide-Waters. 24 et seq., 224 et seq.; Cooley, Const. Lim. (5th Ed.) p. 075, note 1; Ang. Water-Courses, (7th Ed.) T.S2; 3 Washb. Real Prop, (5th Ed.) 445; Gould, Waters, 148-154; Lewis, Em. Dom. 5 77-S3; Dill. Mun. Corp. (4th Ed. ) 10G; Washb. Easem. (4th Ed.)824; Houck, Rivers, 280, 281; 0 Amer. & Eng. Enc. Law, 558; 28 Myer'S Fed. Dec. tit. "Riparian and Littoral Proprietors;" 3 Kent. Comm. (13th Ed.) p.413 note; Kerr, Inj.pp. 2C4.2G5. Mr. Wood, in his Law of Nuisances, is, I believe, the only modern text-book writer who main tains the opposite ground. But this author does not attempt to misconstrue Yates v. Milwaukee, or find excuses for this ruling. On the contrary, he attacks it boldly, characterizing the languageof itas "mere dictum," and declares the principle established by it as " wholly unsustained by any authority." We are not accustomed to thus lightly treat decisions of that great court, but the attack thus made is admirable for itsaudaeity. Lyon v. Fishmongers' Co., 17 Moak. Eng. R. 51, is also explained away by this court as never before. Mr. Wood found no explanation. He quotes at length from the opinions of Lords Caikns, Chei-msfoud, and Sklbohne, and then says: "Tlius it will be seen that there is considerable conflict upon the question discussed in the note, but, while we believe that the..."show more

Product details

  • Paperback | 1148 pages
  • 189 x 246 x 57mm | 2,000g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236905563
  • 9781236905567