 | Law - 1831 - 600 pages
...counsel that every 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...to the similar rights of all the proprietors of the Danks on each side, with a reasonable enjoyment of the same gift of Providence. It is only, therefore,... | |
 | Law - 1851 - 484 pages
...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 enjoyment thereof. An action will lie for the unreasonable and unauthorized use of... | |
 | Law - 1851 - 488 pages
...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 enjoyment thereof. An action will lie for the unreasonable and unauthorized use of... | |
 | Great Britain, Leonard Shelford - 1856 - 856 pages
...absolute and exclusive 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,...reasonable enjoyment of the same gift of Providence. (Per Parke, I'... Embrey v. Owen, 6 Exch. 369.) The position, that the first occupant of running water... | |
 | John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1857 - 534 pages
...each proprietor of the adjacent land to the flow of all the water in its natural state ; but it is a right only to the flow of the water, and the enjoyment...this common •"benefit that an action will lie." And his lordship cites a passage from Kent's Commentaries, where it is said: " Every pro- ' prietor... | |
 | Sir John Budd Phear - Riparian rights - 1859 - 140 pages
...counsel, that every abstraction of it would give a cause of action, would be irrefragable ; but it is a right only to the flow of the water, and the enjoyment...Providence. " It is only, therefore, for an unreasonable and unauthorised use of this common benefit that an action will lie ; for such an use it will, even, as... | |
 | Leonard Shelford, Great Britain - Land tenure - 1863 - 926 pages
...absolute and exclusive right 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,...reasonable enjoyment of the same gift of Providence. (Per Parke, В., Embrey v. Oteen, 6 Exch. 369.) The position, that the first occupant of running water... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1866 - 1338 pages
...a right to the flow and enjoyment of the water, subject to a similar right in all the proprietors, to the reasonable enjoyment of the same gift of Providence. It is therefore only for an abstraction and deprivation of this common benefit, or for an unreasonable and... | |
 | Emory Washburn - Servitudes - 1873 - 830 pages
...a right to the flow and enjoyment of the water, subject to a similar right in all the proprietors, to the reasonable enjoyment of the same gift of Providence. It is only, therefore, for an obstruction and deprivation of this common benefit, or for an unreasonable and unauthorized use of... | |
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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. It is only therefore for an unreasonable... 
