Reports of Cases Volume 17

Reports of Cases Volume 17

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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. 1879 edition. Excerpt: all directions, flowing water in some. When property-was established, each one had the right-to ohjoy the light and air diffused over, and the water flowlug through the portion of soil belonging to llllll-; the p1'0p81'ty m the water itself was not in the proprietor of the land through which it passes, but-only the use of it, as it passes along, for thc-enjoyment of-his property, and as incidental to it." His Lordship then refers to the law laid down by Chancellor Kent 'in his common-taries, and-Mr. Justice Story in his j11dS" ment in 'Tyler v. WiUr/inson, to which I have referred in aPr' vious part of my judgment.. _ The Court in giving their opinion upon several questions, referred to them by the Master of the Rolls in Didcinson v-The G111/nd Junction Canal 0b.," says: "Questions of 'rightsto flow illg W&iIGI'IhBN(B been much discussed in modern times in several cases, and placed on their proper foundation. We consider it!-'i settled law that the right to have a stream running in Its natural course, is not by a presumed grant from long acquiescente 011-the part of the riparian proprietors above and below, but 15 ca'.7'1l/Ti 'm4tu'1'(L', (citing several authorities), and an incident Of l)1'Pl't)', as much as to have the soil-itself in its natural state, unaltered by the acts of a neighboring PI'OPI'l.OiJOI', 'WhO cannot set so as to deprive it of the support ofhis land. When water is on the surface, the right of-the owner of the adjgining 1"-nd to the usufruct of that water is not it doubtfli1 "'a'bt'e" of fact; it is public and notorious, and such It right ought; as a matter of course, to be respected more

Product details

  • Paperback | 328 pages
  • 189 x 246 x 18mm | 585g
  • United States
  • English
  • black & white illustrations
  • 1236937074
  • 9781236937070