This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 Excerpt: ... not put an end to it by altering the mode of working his mines; but, what is more important, the action was not brought for abstracting, but for fouling, --a species of injury which does not stand on the same footing; for, though the possessor of the mine might stop the stream, it does not follow that he, or any other ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 Excerpt: ... not put an end to it by altering the mode of working his mines; but, what is more important, the action was not brought for abstracting, but for fouling, --a species of injury which does not stand on the same footing; for, though the possessor of the mine might stop the stream, it does not follow that he, or any other, could pollute it whilst it continued to run; and besides, from the course which the cause took at nisi prius, the precise question which we have now to consider does not appear to have called for decision. The two cases are therefore distinguishable; and the expressions used by the learned judges in that case as to the similarity of natural and artificial streams, are to be understood as applicable to the particular case. "We entirely concur with Lord Denman, C. J., that 'the proposition that a watercourse, of whatever antiquity and in whatever degree enjoyed by numerous persons, cannot be enjoyed so as to confer a right to the use of the water, if proved to have been Riht to originally artificial, is quite indefensible'; but, on the other hand, 'the general proposition that, under all circumstances, the right to Waui. watercourses arising from enjoyment is the same whether they be natural or artificial, cannot possibly be sustained. The right to artificial watercourses, as 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 was created (g). 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 of a tempora...
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PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.
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PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.
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PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.
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Seller's Description:
PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.