 | 1893 - 1164 էջ
...seems to us that the law is uniformly settled that every proprietor of lands on the bank of a rlverhas naturally an equal right to the use of the water which...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,... | |
 | John Norton Pomeroy - 1893 - 640 էջ
...language of Chancellor Kent is frequently cited, as embodying a terse and accurate statement of the rule: "Every proprietor of lands on the banks of a river...equal right to the use of the water which flows in iEmbrey v. Owen, 6 Exch. 352; Wood v Waud, 3 Exch. 748; Bealey v. Shaw, 6 East. 208; Mason v. Hill,... | |
 | 1893 - 1176 էջ
...respondents, and it seems to UH that the law is uniformly settled that every proprietor of lauds on the btink of a river has naturally an equal right to the use of the water whii-h Hows in the stream adjacent to his lands, as it was wont to run, without diminution or alteration.... | |
 | Clesson Selwyne Kinney - 1894 - 854 էջ
...the use of waters of natural streams and lakes by riparian proprietors. "Every proprietor," he says, "of lands on the banks of a river has naturally an...which flows in the stream adjacent to his lands, as it is wont to run (^Currere solebat^), without diminution or alteration. No proprietor has a right to... | |
 | Robert Campbell, Irving Browne - 1896 - 932 էջ
...this subject is most perspicuously stated, and it will be of advantage to cite it at length : — " Every proprietor of lands on the banks of a river has naturally an equal right to the use of the No. 10. — Embrey v. Owen, 6 Exch. 369-371. water which flows in the stream adjacent to his lands,... | |
 | 1898 - 926 էջ
...rights, see Isaacs v. Barber (Wash.i 30 LKA (165, and note. The common-law right to running water is that every proprietor of lands on the banks of a river...stream adjacent to his lands, as it was wont to run (currere solebat) without diminution or alteration. 3 Kent, Com. »439; M' Calmant v. Whitaker, 3 Rawle,... | |
 | Charles James Gale - 1899 - 656 էջ
...is thus stated by Chancellor Kent in his learned Commentaries (c) :— " Every proprietor of lauds on the banks of a river has naturally an equal right...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... | |
 | Emlin McClain - 1900 - 1126 էջ
...other citations or quotations, to quote the language of Chancellor Kent (3 Kent, Comm. § 439) : " Every proprietor of lands on the banks of a river...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... | |
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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... 
