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" Every proprietor has an equal right to use the water which flows in the stream; and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent of the other proprietors, who may be affected... "
The penny cyclopædia [ed. by G. Long]. - Pagina 21
door Society for the diffusion of useful knowledge - 1841
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The Revised Reports: Being a Republication of Such Cases in the ..., Volume 24

Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Edward Potton, Joseph Gerald Pease, William Bowstead - 1896 - 822 pagina’s
...property in the water. Every proprietor has an equal right to use the water which flows in the stream; and, consequently, no proprietor can have the right...proprietors who may be affected by his operations, no WRIGHT proprietor can either diminish the quantity of water, which HOWARD. would otherwise descend...
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Ruling Cases Arranged, Annotated and Edited, Volume 10

Robert Campbell, Irving Browne - 1896 - 932 pagina’s
...channel when it leaves his estate. Without the consent of the adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above, without a grant, or an uninterrupted enjoyment...
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A Treatise on Injunctions and Other Extraordinary Remedies ..., Volume 1

Thomas Carl Spelling - 1901 - 1004 pagina’s
...property in the water. Every proprietor has an equal right to use the water which flows in the stream, and, consequently, no proprietor can have the right...would otherwise descend to the proprietors below, nor throw the water back on the proprietors above. Every proprietor who claims a right either to throw...
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Law of Real Property Including: Also, General Rules of Law Relative to the ...

Charles Theodore Boone - 1901 - 652 pagina’s
...right is inseparably annexed to the soil, and is parcel of the land itself.2 But no proprietor has the right to use the water to the prejudice of any other proprietor above or below him,3 unless he has acquired a right to use the water in some peculiar manner, and differently...
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Cases on the Law of Damages

Floyd Russell Mechem - 1902 - 788 pagina’s
...property In the water. Every proprietor has an equal right to use the water which flows in the stream; and consequently no proprietor can have the right...would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above. Every proprietor, who claims a right either to...
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Carson's Real Property Statutes: Comprising, Among Others, the Statutes ...

Thomas Henry Carson, Harold B. Bompas - 1902 - 1046 pagina’s
...property in the water. Every proprietor has an equal right to use the water which flows in the stream ; and consequently no proprietor can have the right...prejudice of any other proprietor, without the consent of tho other proprietors, who may be affected by his operations. No proprietor can either diminish the...
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The Law of Mines and Mining Injuries

Edward Joseph White - 1903 - 1010 pagina’s
...acquired in the water itself, any more than in the air, but simply a right to its use. No proprietor had the right to use the water to the prejudice of any other proprietor, e•ither above or below him, unless he had acquired a prior right to possess it by an adverse use...
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Cases Illustrating the Principles of the Law of Torts

Francis Reynolds Yonge Radcliffe, Sir John Charles Miles - 1904 - 648 pagina’s
...channel when it leaves his estate. Without the consent of the adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above, without a grant, or an uninterrupted enjoyment...
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The Southwestern Reporter, Volume 100

1907 - 1336 pagina’s
...Again It was said: "Every proprietor has an equal right to use the water which flows in the stream, and consequently no proprietor can have the right...consent of the other proprietors who may be affected by the operations." Again the court said: "Every riparian owner has a right to use primarily the water...
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Canadian Edition of the Law of Torts

John Frederic Clerk, William Harry Barber Lindsell, Alfred Taylour Hunter - 1908 - 1216 pagina’s
...channel when it leaves his estate. Without the consent of the adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above." Moreover, 0) .Sir. Helen i Smelting Co. v. Tip-...
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