Railroad Reports Volume 19

Railroad Reports Volume 19

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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: ...upon adjoining farms as to destroy their capacity to produce any other crops, the introduction of it would be an unreasonable use of his land by such owner, because it would force others to forego all other uses of their own property. And so it might be under other circumstances less extreme than those supposed. But it is obvious that, to establish a liability of this sort, the evidence must show the facts necessary to give rise to it. It is conceded by all authorities that damage or inconvenience sustained by one from a state of things naturally existing upon the land of another furnishes no ground of complaint against the latter. In Giles 1/. Walker, 24 Q. B. Div. 656, the defendant had denuded his land adjoining plaintiff's of the timber which stood upon it, and thistles sprang up which the defendant failed to mow periodically, and, in consequence, their seeds were blown upon plaintiff's land, and produced a heavy growth of the weed upon it. Plaintiff sued to recover for the damage thus done to his land. CHIEF JUSTICE COLERIDGE said: "I never heard of such an action as this. There can be no duty, as between adjoining occupiers, to cut the thistles, which are the natural growth of the land." While Bermuda grass is not indigenous to the soil in this state, it may be found that in localities it has so long and so extensively grown that the reason of this rule would apply to it. We have so far treated the question as if appellant occupied the position of any other landowner. It has the right to use the land acquired for its right of way for all purposes proper to the prudent maintenance and operation of its road, and, if Bermuda grass is useful as an instrumentality for keeping its roadbed in order, it has, we think, the...show more

Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123699230X
  • 9781236992307