| John Hancock Klippart - Drainage - 1867 - 478 pages
...its natural current, without diminution or obstruction. The consequence of this principle is, that no proprietor has a right to use the water to the prejudice of another. It is wholly immaterial whether the party be a proprietor above or below, in the course of... | |
| Punjab (India) - Civil law - 1869 - 838 pages
...proprietor of lands," he writes, " on the bank of a river has naturally an equal right to the use of the water, which flows in the stream adjacent to his lands, as it was wont to flow ( cnrrere , ) without diminution or alteration. No proprietor has a right to use the water to... | |
| United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870 - 746 pages
...has naturally an equal right to the use of the water which flows in the stream adjacent to his lands. No proprietor has a right to use the water to the prejudice of other proprietors, above or below, unless he has acquired a prior right to divert it. He haa no property in the water itself, but a simple... | |
| Law - 1884 - 550 pages
..." Every proprietor of lands on the bunks of a river has naturally an equal right to the use of fhe water which flows in the stream adjacent to his lands as it was wont to run (currere solebut) without diminution or alteration. No proprietor has a right to use the water to the prejndice... | |
| New York Chamber of Commerce - Commerce - 1914 - 616 pages
...without diminution, pollution or alteration. No proprietor along the bank of a stream, however, has the right to use the water to the prejudice of other proprietors above or below him. These rights are inseparably annexed to the soil and pass with it, not as an easement or appurtenance,... | |
| Law - 1888 - 564 pages
..." Every proprietor of lands on the banks of streams has naturally an equal right to the use of the water which flows in the stream adjacent to his lands as it is wont to run, without diminution or alteration. No proprietor has a right to use the water to the... | |
| Emory Washburn - Servitudes - 1873 - 830 pages
...itself, but the simple use of it while it passes along. The consequence of this principle is, that no proprietor has a right to use the water to the prejudice of another. It is wholly immaterial whether the party be a proprietor above or below in the course of... | |
| United States. Supreme Court - Law reports, digests, etc - 1875 - 750 pages
...proprietor of lands on the banks of a river," says Kent, " has naturally an equal right to the use of the water which flows in the stream adjacent to his lands, as it was wont to run (currere solebal) without diminution or alteration. No proprietor has a right to use the water to the prejudice... | |
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