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" The enjoyment for twenty years of a stream diverted or penned up by permanent embankments, clearly stands upon a different footing from the enjoyment of a flow of water originating in the mode of occupation or alteration of a person's property, and presumably... "
A Practical Treatise on the Law of Nuisances in Their Various Forms ... - Page 415
by Horace Gay Wood - 1875 - 937 pages
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Jurist: Containing Reports of All Cases Determined in Law ..., Volume 13, Part 2

Law - 1850 - 566 pages
...owners. against the parlies creating them, depends upon the character of the watercourse, whether it be of a permanent or temporary nature, and upon the circumstances under which it is created. " The flow of water from a drain, for the purpose of agricultural improvement, for twenty...
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., Volume 3

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1850 - 936 pages
...against the party creating them, surely must depend upon the character of the watercourse, whether it be of a permanent or temporary nature, and upon the circumstances under which it is created. The enjoyment for twenty years of a stream diverted or penned (a) 11 A. & E. 571. JL849.^...
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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
...against the party creating them, must surely depend upon the character of the water course, whether it be of a permanent or temporary nature, and upon the circumstances under which it is created.>' — " The flow of water for 20 years from the eaves of a house could not give a right...
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A Treatise on Rights of Water: Including Public and Private Rights ..., Page 537

Sir John Budd Phear - Riparian rights - 1859 - 140 pages
...against the party creating them, surely must depend upon the character of the water-course, whether it be of a permanent or temporary nature, and upon the circumstances under which it is created. The enjoyment for twenty years of a stream, diverted or penned up by permanent embankments,...
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The American Law Register, Volume 2

Law - 1863 - 832 pages
...as against the party creating them, must depend upon the character of the watercourse, whether it be of a permanent or temporary nature, and upon the circumstances under which it is created ; and the enjoyment for twenty years of a stream diverted or penned up by permanent embankment,...
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The American Law Register, Volume 2; Volume 11

Electronic journals - 1863 - 830 pages
...as against the party creating them, must depend upon the character of the watercourse, whether it be of a permanent or temporary, nature, and upon the circumstances under which it is created ; and the enjoyment for twenty years of a stream diverted or penned up by permanent embankment,...
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The New Reports, Containing Cases Decided in the Courts ..., Issue 40, Volume 5

1865 - 538 pages
...as against the party creating them, must depend on the character of the watercourse, whether it be of a permanent or temporary nature, and upon the circumstances under which it was created. In the present case the watercourse was permanent, and the circumstances of the case...
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Wrongs and Their Remedies: A Treatise on the Law of Torts, Volume 1

Charles Greenstreet Addison - Torts - 1876 - 832 pages
...watercourses, as against the party creating them, depends upon the character of the watercourse, whether it be of a permanent or temporary nature, and upon the circumstances under which it is created(-s). The flow of water for twenty years from the eaves of a house could (o) Baxcndalo...
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A Treatise on the Law of Torts, Volume 1

Charles Greenstreet Addison - Torts - 1876 - 874 pages
...watercourses, as against the party creating them, depends upon the character of the watercourse, whether it be of a permanent or temporary nature, and upon the circumstances under which it is created, (s) The flow of water for twenty years from the eaves of a house could not give a right...
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A Treatise on the Law of Easements

John Leybourn Goddard - Servitudes - 1877 - 504 pages
...watercourses, as against the party creating them, must depend upon their character, whether they are of a permanent or temporary nature, and upon the circumstances under which they were created — that the enjoyment for twenty years of a stream, diverted or penned upby permanent...
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