 | Joseph Kinnicut Angell - Water - 1840 - 294 pages
...test of the principle and extent of the use is, whether it is to the injury of the other proprietors or not. There may be a diminution in quantity, or...valuable use of the water, perfectly consistent with the use of the common right. The diminution, retardation, or acceleration, not positively and sensibly... | |
 | John Smith Furlong - Landlord and tenant - 1845 - 830 pages
...be to deny any valuable use of it: a reasonable use of that which is common must be allowed to all. There may be a diminution in quantity, or a retardation...acceleration of the natural current, indispensable for the valuable use of the stream, perfectly consistent with the common right, and there must be inevitably,... | |
 | Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1849 - 938 pages
...test of the principle and extent of the use is, whether it is to the injury of the other proprietors or not. There may be a diminution in quantity, or...retardation or acceleration of the natural current, in(a) 11 A. & E. 571. (4) 3 Rawle, 256, cited 3 Kent's Com. 440, n. (a), (c) 4 Mason U. 8. R. 397.... | |
 | Edmund Hatch Bennett, Chauncey Smith - Law reports, digests, etc - 1851 - 680 pages
...test of the principle and extent of the use is, whether it is to the injury of the other proprietors or not. There may be a diminution in quantity, or...injurious, by diminishing the value of the common right, in an implied element in the right of using the stream at all,'" Ace. So in the case already referred... | |
 | Joseph Kinnicut Angell - Water - 1854 - 732 pages
...test of the principle and extent of the use is, whether it is to the injury of the other proprietors or not. There may be a diminution in quantity, or...and valuable use of the water, perfectly consistent 1 Palmer et al. r. Mulligan et al., $ Caine's (NY) R. 807. See ante, 99 a. a Jones on Eailm. 9. with... | |
 | District courts - 1859 - 256 pages
...of the principle and extent of " the use is, whether it is to the injury of the other " proprietors or not. There may be a diminution in "quantity, or...valuable use of the water, perfectly consistent with "the use of the common right. The diminution, " retardation, or acceleration, not positively and sen"sibly... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1900 - 716 pages
...and extent of the use is, whether it is to the injury of the other proprietors or not. There may be diminution in quantity, or a retardation or acceleration...valuable use of the water, perfectly consistent with the use of the common right. The diminution, retardation, or acceleration', not positively and sensibly... | |
 | New York (State). Court of Appeals, Hiram Edward Sickels - Law reports, digests, etc - 1872 - 788 pages
...whether it is to the injury of the other proprietors or not. There may be a diminution in quantity, or retardation or acceleration of the natural current,...indispensable for the general and valuable use of the water, properly consistent with the existence of the common right. The diminution, retardation or acceleration... | |
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There may be, and there must be allowed of that, which is common to all, a reasonable use. The true test of the principle and extent of the use is, whether it is to the injury of the other proprietors or not. There may be a diminution in quantity, or... 
