 | 748 pages
...while the occupier of the higher mine exercises that right, nature causes the water to flow into the lower mine, he is not responsible for this operation of nature. If the occupier of the lower mine intends to guard against this operation, ho must leave a barrier in the... | |
 | John Coke Fowler - Coal mines and mining - 1872 - 512 pages
...get all minerals, provided he works with skill in the usual manner, and if, while the occupier of the higher mine exercises that right, nature causes water...to flow to a lower mine, he is not responsible for that operation of nature. If the owner of the lower mine intends to guard against this operation, he... | |
 | Great Britain. Courts - Law reports, digests, etc - 1873 - 562 pages
...provided he works with skill and in the usual manner. And if, while the occupier of a higher mine r*QQo *exercises that right, nature causes water to flow...part of his mine, to bay back the water of his higher neighbour. The law imposing these regulations for the enjoyment of somewhat conflicting interests,... | |
 | John Coke Fowler - Coal mines and mining - 1884 - 472 pages
...get all minerals, provided he works with skill in the usual manner, and if, while the occupier of the higher mine exercises that right, nature causes water...to flow to a lower mine, he is not responsible for that operation of nature. If the owner of the lower mine intends to guard against this operation, he... | |
 | Curtis Holbrook Lindley - Mining law - 1897 - 868 pages
...provided he works with skill and in the usual manner; and if, while the occupier of a higher level, exercises that right, nature causes water to flow...mine, he is not responsible for this operation of nature.1 Laud on a lower level owes a natural servitude to that on a higher, in respect of receiving,... | |
 | Law reports, digests, etc - 1898 - 1414 pages
...property in his mine, and among them the right to get all minerals therefrom, provided he works with skiU and in the usual manner. And if, while the occupier...is not responsible for this operation of nature.' " Now, in the case of Smith v. Kenrick, 14th February 1849, 7 С. В., 515, which was thus adopted... | |
 | Sir John William Salmond - Torts - 1907 - 574 pages
...mine, if this escape is caused merely by the working of the defendant's mine in the ordinary manner. " Each mineowner has all rights of property in his mine,...is not responsible for this operation of nature." 1 4 It makes no difference that the damage complained of was the known and necessary result of the... | |
 | Law reports, digests, etc - 1907 - 1334 pages
...therefrom, provided he works with skill and In the usual manner. And if, while the occupier of the higher mine exercises that right, nature causes water...must leave a barrier at the upper part of his mine to keep back the water of his higher neighbor. The law Imposes these regulations, for the enjoyment of... | |
 | Law reports, digests, etc - 1907 - 1336 pages
...therefrom, provided he works with skill and in the usual manner. And if, while the occupier of the higher mine exercises that right, nature causes water...lower mine, he Is not responsible for this operation oí nature.' If the owner of the lower mine Intends to guard against this operation, he must leave... | |
 | Robert Forster MacSwinney - Mines and mineral resources - 1907 - 992 pages
...remedy.1 If, while the occupier of a higher mine exercises his right to get all minerals therefrom, nature causes water to flow to a lower mine, he is not responsible for this operation of nature.2 And the principle applicable to water collected by previous workings equally applies to water... | |
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Each mine-owner has all rights of property in his mine, and, among them, the right to get all minerals therefrom, provided he works with skill and in the usual manner. And if, while the occupier of a higher mine exercises that right, nature causes water... 
