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" ... it is a right only to the flow of the water, and the enjoyment of it, subject to the similar rights of all the proprietors of the banks on each side to the reasonable enjoyment of the same gift of Providence. "
The Law of Torts: A Treatise on the English Law of Liability for Civil Injuries - Page 254
by Sir John William Salmond - 1907 - 507 pages
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The Law Times, Volume 17

Law - 1831 - 600 pages
...of the adjacent land has the right to the usufruct of the stream which flows through it. This right to the benefit and advantage of the water flowing...abstraction of it would give a cause of action would be irrcfragible. But it is the right only to the flow of the water and the enjoyment of it, subject to...
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., Volume 6

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1849 - 1008 pages
...of the adjacent land has the right to the usufruct of the stream which flows through it This right to the benefit and advantage of the water flowing...not an absolute and exclusive right to the flow of ail the water in its natural state ; if it were, the argument of the learned counsel, that every abstraction...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 15; Volume 46

Law - 1851 - 484 pages
...proprietor of the adjacent land has the right to the usufruct of the streams that flow through it, not as an absolute and exclusive right to the flow of all the water in its natural state, but subject to the similar rights of all the proprietors of the banks on each side, with a reasonable...
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The Law Magazine and Law Review: Or, Quarterly Journal of ..., Volume 36

Law - 1851 - 488 pages
...proprietor of the adjacent land has the right to the usufruct of the streams that flow through it, not as an absolute and exclusive right to the flow of all the water in its natural state, but subject to the similar rights of all the proprietors of the banks on each side, with a reasonable...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 13

United States. Supreme Court - Law reports, digests, etc - 1852 - 668 pages
...Any one may reasonably use it who has a right of access to it ; but no one can set up a claim to an exclusive right to the flow of all the water in its natural state ; and that what he may not wish to use himself shall flow on till lost in the ocean. Streams of water...
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The Practice in Courts of Justice in England and the United States, Volume 2

Conway Robinson - Actions and defenses - 1855 - 884 pages
...of the adjacent land has the right to the usufruct of the stream which flows through it. This right to the benefit and advantage of the water flowing...to the flow of all the water in its natural state;" but "a right only to the flow of the water and the enjoyment of it, subject to the similar rights of...
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The Real Property Statutes Passed in the Reigns of King William IV. and ...

Great Britain, Leonard Shelford - 1856 - 856 pages
...the usufruct of the stream of water which flows through it This right to the benefit and advantages of the water flowing past his land is not an absolute...right to the flow of all the water in its natural stale, but it is only a right to the flow of the water and the enjoyment of it, subject to the similar...
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Cases Argued and Determined in the Court of Common Pleas and in ..., Volume 1

John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1857 - 534 pages
...and is fully settled in the American courts: see 3 Kent's Comm., Lect. 52, pp. 439—445. The right to the benefit and advantage of the water flowing...past his land, is not an absolute and exclusive right in each proprietor of the adjacent land to the flow of all the water in its natural state ; but it...
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The Real Property Statutes Passed in the Reigns of King William IV ..., Book 1

Leonard Shelford, Great Britain - Land tenure - 1863 - 926 pages
...the usufruct of the stream of water which flows through it. This right to the benefit and advantages of the water flowing past his land is not an absolute...to the flow of all the water in its natural state, but it is only a right to the flow of the water and the enjoyment of it, subject to the similar rights...
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Reports of Decisions in the Supreme Court of the United States ..., Volume 19

United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870 - 746 pages
...Any one may reasonably use it who has a right of access to it; but no one can set up a claim to an exclusive right to the flow of all the water in its natural state ; and that what he may not wish to use himself shall flow on till lost in the ocean. Streams of water...
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