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" But he is restrained; not because the public have occasion to make the like use, or to make any use of the property, or to take any benefit or profit to themselves from it; but because it would be a noxious use, contrary to the maxim, "Sic utere tuo,... "
The New York Supplement - Page 708
1904
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The Monthly Law Reporter, Volume 15

Law - 1853
...but because it would be a noxious use. contrary to ilie maxim sic utere too, nt alicnum nun Itedas. It is not an appropriation of the property to a public...property taken under the right of eminent domain. The distinction is manifest in principle, although the facts and circumstances of different cases are...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 89

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 - 1892
...the subjects of the same, — and holds that the legislation in question is not an appropriation of property to a public use, — "But the restraint of an injurious private nse by the owner, and is therefore not within the principle of property taken under the right of eminent...
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Report of the Joint Standing Committee on Boston Harbor, for the Year 1852

Boston (Mass.). City Council. Joint Standing Committee on Boston Harbor - Boston (Mass.) - 1853 - 79 pages
...affected thereby, it did not entitle those owners to compensation. It was not an appropriation of their property to a public use, but the restraint of an injurious private use of it by them, and therefore not within the principle of property taken under the right of eminent...
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REPORT OF THE JOINT STANDING COMMITTEE ON BOSTON HARBOR (1852)

CITY DOCUMENT # 60 - 1853
...affected thereby, it did not entitle those owners to compensation. It was not an appropriation of their property to a public use, but the restraint of an injurious private use of it by them, and therefore not within the principle of property taken under the right of eminent...
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A Treatise on the Rules which Govern the Interpretation and Application of ...

Theodore Sedgwick - Constitutional history - 1857 - 712 pages
...but because it would be a noxious use, contrary to the maxim, sic utere tuo ut alienum non laedas. It is not an appropriation of the property to a public...restraint of an injurious private use by the owner ; and it is therefore not within the principle of property taken under the right of eminent domain. The distinction,...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volume 61

Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1862
...but because it would be a noxious use, contrary to the maxim, sic vtere tuo, ut alienum non Icedas. It is not an appropriation of the property to a public...property taken under the right of eminent domain. The distinction, we think, is manifest in principle, although the facts and circumstances of different...
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Albany Law Journal, Volume 45

Law - 1892
...holds that the legislation In question is not an appropriation of property to a pu blic use, " bnt the restraint of an injurious private use by the owner,...property taken under the right of eminent domain." This case is followed in the other Massachusetts cases cited. The learned counsel also contends that...
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A Treatise on the Rules which Govern the Interpretation and Construction of ...

Theodore Sedgwick - Constitutional law - 1874 - 692 pages
...but because it would be a noxious use, contrary to the maxim, sic utere tuo ut alienum non Icedas. It is not an appropriation of the property to a public...restraint of an injurious private use by the owner ; and it is therefore not within the principle of property taken under the right of eminent domain. The distinction,...
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The American Law Register, Volume 15

Law - 1876
...to the maxim, A^'IC vtere tno nt nllenum non Ixttas. It is not an appropriation of the property to public use. but the restraint of an injurious private...property taken under the right of eminent domain. This distinction is manifest in principle, and is recognised by unquestioned authority : Commonwealth...
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Cyclopędia of the practice of medicine v. 18, 1879, Volume 18

Hugo Ziemssen - 1879
...but because it would be a noxious use, contrary to the maxim sic utere tuo, tit alienum non Icedas. It is not an appropriation of the property to a public...property taken under the right of eminent domain." ' It should be observed that the police powers of the State are for the most part exercised to secure...
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