. . DECEDENTS' ESTATES-LEGACIES CHARITIES. W. H. L. 522 EQUITY CASES. R. P. Bradford 153. 316, 525 EXECUTOR'S POWER TO TRANSFER SHARES. R. C. McMurtrie. EXECUTOR'S TITLE TO NOTES AGAINST TESTATOR IMPUTKD NEGLIGENCE. Andernus Stewart INJUCTIONS TO RESTRAIN STRIKES. W. D. L. IAT OLEOMARGARINE-ORIGINAL PACKAGES QUO WARRANTO IN NEW JERSEY SENATE CONTEST RIGHTS OF VENDOR AND VENDEE TO A POLICY OF IXSURAXA ox THE PROPERTY SOLD. Geo. Richards PROGRESS OF THE LAW. COMMERCIAL LAW, 651, 662, 672, 751, 758, 806, 824, 850, 860, 871. CONSTITUTIONAL LAW, 656, 665, 669, 673, 744, 751, 757, Sog, 815, 854. CONTRACTS, 656, 667, 674, 742, 743, 745, 752, 810, 812, 819, 823, 84, 856 CORPORATIONS, 653, 655, 657, 673, 747, 811, 822, 85!, 854, 855. 865.871, CRIMINAL LAW, 662, 671, 743, 812, 815, 859, 864, 865, 873. HUSBAND AND WIFE, 664, 860, 861, 870, 874. LANDLORD AND TENANT, 666, 754, 818 MASTER AND SERVANT, 667, 755, 807, 819, 823, 849 852, 865. MUNICIPAL CORPORATIONS, 669, 757, 819, 820, 851, 869 PRACTICE, 650, 651, 652, 653, 660, 662, 665, 671, 745, 753, 806, 809, 812, 814, 815, 849, 851, 853, 855, 863, 864, 872, 873, 874, 875, 876, 878. PUBLIC OFFICERS, 670, 757, 758, 818, 824. REAL PROPERTY, 654, 658, 659, 742, 751, 754. 759, 813, 815, 816, 887, 818, STATUTES, CONSTRUCTION OF, 758, 849, 851. TELEGRAPH COMPANIKS, 674, 759, 824, 858, 863. THE AMERICAN LAW REGISTER AND REVIEW. JANUARY, 1894. THE NATURAL USE OF LAND. BY JOHN MARSHALL GEST. PART I. OVER seven years have passed since the Supreme Court, in Sanderson v. The Pennsylvania Coal Company,' reversed their previous decisions in the same case.' The final judgment of the court has been considered in several more recent cases and at this lapse of time the principles of the decision may be impartially and critically considered. The facts are well known. To rehearse them briefly we find that the plaintiff, Sanderson, purchased in 1868 a tract of land within the limits of the city of Scranton through which flowed “ Meadow Brook," a seven-feet wide stream of excellent water. The plaintiff was in part induced to purchase his land on account of this stream, the condition of which he investigated with some care. He built a handsome residence near by; dammed the stream to make ponds for ice and fish, and used the water in his "113 Pa. St., 196 (1886). |
