| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1888 - 776 pages
...lands ; but the facts disclosed by the testimony do not amount to a natural water course, which *' is a natural stream flowing in a defined bed or channel,...banks and sides, having permanent sources of supply " : Berkley v. W'dcox, 86 NY 143. There is great confusion among the courts of the several states,... | |
| Law - 1886 - 546 pages
...plaintiff's lands. Held, that as the waters of the spring were diverted before they had reached or formed a natural stream, flowing in a defined bed or channel with banks or sides, the plaintiff had no cause of complaint. Learned, PJ, said: " It is true that the jury found... | |
| Isaac Grant Thompson - Law reports, digests, etc - 1885 - 944 pages
...water, coming as probably it always does, from the rain in its origin, has actually formed itself into a ' natural stream, flowing in a defined bed or channel, with banks and sides,' that its use is restricted by those rules which the plaintiff here seeks to enforce." In Stuvfly v.... | |
| Law reports, digests, etc - 1893 - 1276 pages
...Wilcox, 80 NY 140. Is another case of surface water, and the court defines a "natural water course" as "a natural stream flowing in a defined bed or channel,...banks and sides, having permanent sources of supply." This definition closely approximates the facts of tliis case. Some parts of the way the stream in question... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1895 - 1042 pages
...Am. Rep. 519, is another case of surface water, and the court defines a "natural watercourse" as " a natural stream flowing in a defined bed or channel,...banks and sides, having permanent sources of supply." This definition closely approximates the facts of this case. Some parts of the way the stream in question... | |
| Electronic journals - 1901 - 754 pages
...flow continually ; and there are many water courses which are sometimes dry."4 "A natural water course is a natural stream, flowing in a defined bed or channel,...sources of supply. It is not essential to constitute a water course fhat the flow should be uniform or uninterrupted. The other 1 Village of Delhi v. Youmans,... | |
| Herbert Thorndike Tiffany - Real property - 1903 - 894 pages
...obstruct such window by any erection on his land.23 I 297. Natural watercourses. A natural watercourse is a natural stream, flowing in a defined bed or channel, with banks and sides, and having permanent sources of supply, although in times of drought the flow may be diminished or... | |
| George Chase - Torts - 1904 - 844 pages
..."colloquium," and "innuendo.** — Stitzell v. Reynolds, 381. "Water course." A natural water course is a natural stream, flowing in a defined bed or channel,...having permanent sources of supply. It is not essential that the flow should be uniform or uninterrupted. — Barkley v. Wlleox, 430. "Conversion" is an unauthorized... | |
| Edward Beers Thomas - Negligence - 1904 - 1488 pages
...not be diverted (from a ditch already constructed for them) may be characterized as a stream of water flowing in a defined bed or channel, with banks and sides, having permanent sources of supply, although it is not essential that the flow should be uniform or interrupted. Mann v. Retsof Min. Co.,... | |
| John Chipman Gray - Personal property - 1905 - 726 pages
...Allerton, for respondent ANDREWS, J. This is not the case of a natural watercourse. A natural watercourse is a natural stream, flowing in a defined bed or channel,...uninterrupted. The other elements existing, a stream docs not lose the character of a natural watercourse, because in times of drought, the flow may be... | |
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