 | John Scott, Great Britain. Court of Common Pleas - 1857 - 534 էջ
...And his lordship cites a passage from Kent's Commentaries, where it is said: " Every pro- ' prietor of lands on the banks of a river has naturally an...stream adjacent to his lands as it was wont to run (currere solebat), without diminution or alteration. No proprietor has a right to use the water to... | |
 | Andrew White Young - 1858 - 460 էջ
...Every proprietor of lands adjoining a stream, has naturally an equal right to the use of the water that flows in the stream adjacent to his lands, " as it was wont to run." Each may use the water while it runs upon his own land ; but he can not unreasonably detain it, or... | |
 | Sir John Budd Phear - 1859 - 140 էջ
...modern doctrine, until the presumption of a grant had arisen. NATURAL RIGHTS OF WATER. prietor has an equal right to the use of 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... | |
 | David Price Belknap - 1860 - 778 էջ
...Jenkins v. Bedding, 8 Cal. 598. • Packer tt al. v. Heaton, 9 Cal. E. 568. the water which flowed in the stream adjacent to his lands, as it was wont to run, without diminution or alteration ; and no one proprietor had a right to use the water to the prejudice of others above or below him,... | |
 | Massachusetts. Supreme Judicial Court - 1866 - 688 էջ
...Ingraham v. Wilkinson, 4 Pick. 2G8. Angell on Watercourses, §§ 11, 12. And every proprietor of land on the banks of a river has naturally an equal right to the use of the water as it flows in the stream adjacent to his land, as it was wont to run, without other diminution or... | |
 | James Kent - 1866 - 726 էջ
...v. CC & CRR Co. 3 Ohio (NS) 172. Every proprietor of lands on the banks of a river has naturallyall equal right to the use of the water "which flows in the strearc*. adjacent to his lands, as it was wout to run, (currere solebat,"} •without diminution or... | |
 | Nevada. Supreme Court - 1867 - 440 էջ
...BEATTY, J., concurring. " Every proprietor of lands on the banks of a river," says Chancellor Kent, " has naturally an equal right to the use of the water...was wont to run, without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors above or below him... | |
 | Nevada. Supreme Court - 1867 - 426 էջ
...BBATTY, J., concurring. " Every proprietor of lands on the banks of a river," says Chancellor Kent, " has naturally an equal right to the use of the water...was wont to run, without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors above or below him... | |
 | Punjab (India) - 1869 - 838 էջ
...-197 of Mr. Norton's Topics of Jurisprudence. " Every proprietor of lands," he writes, " on the bank of a river has naturally an equal right to the use...the stream adjacent to his lands, as it was wont to flow ( cnrrere , ) without diminution or alteration. No proprietor has a right to use the water to... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 746 էջ
...trench or ditch, if by so doin'g he works no injury to the rights of others. Every proprietor of land on the banks of a river has naturally an equal right...water which flows in the stream adjacent to his lands. No proprietor has a right to use the water to the prejudice of other proprietors, above or below, unless... | |
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... solebat), without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property... 
