 All that the law requires of the party by or over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not to destroy, or render useless, or materially diminish or affect the application of the water by the proprietors...  Commentaries on American Law - Page 440by James Kent - 1832Full view - About this book
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1878 - 738 pages
...of the party by or over whose land a stream passes is, that he should use the water in a reasonable manner, and so as not to destroy or render useless,...affect the application of the water by the proprietors above or below on the stream. The number of adjudged cases, involving the rights of contending proprietors,... | |
 | New York (State). Court of Chancery, Alonzo Christopher Paige - Equity - 1838 - 712 pages
...manner of using the water. 5. All that the law requires is that he should use the water in a reasonable manner, and so as not to destroy, or render useless, or materially diminish or affect the like application of the water by the proprietors below. The use of the water by this defendant comes... | |
 | Charles James Gale, Thomas Denman Whatley - Servitudes - 1840 - 382 pages
...the party, by and over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not to destroy or render useless,...below on the stream. He must not shut the gates of his dam, and detain the water unreasonably, or let it off in unusual quantities, to the annoyance of his... | |
 | Esek Cowen - Justices of the peace - 1841 - 590 pages
...held that the plaintiff was entitled to recover.(/i) A party has no right to shut the gates of his dam and detain the water unreasonably, or let it off in unusual quantities, to the annoyance of his neighbor, (i) Where the ground of one man is flooded by another, though it be in the... | |
 | Francis Patrick Kenrick - Christian ethics - 1842 - 438 pages
...the party, by or over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not to destroy, or render useless,...unreasonably, or let it off in unusual quantities to the annoyance of his neighbour." Kent's Comm. vol. ะจ. n. 441. (5) " Though a stream be diminished in quantity,... | |
 | John Bouvier - Anglo-Norman dialect - 1843 - 752 pages
...water in any reasonable manner, either for his use or pleasure, so as not to destroy or render useless, materially diminish, or affect the application of...unreasonably, or let it off in unusual quantities to the annoyance of his neighbours. 4 Dall. 211; 3Caines,207; 13 Mass. 420; 3 Pick. 268; 2 NH Rep. 532; 17... | |
 | South Carolina. Court of Appeals, James Sanders Guignard Richardson - Equity - 1845 - 632 pages
...of the party by or over whose land a stieam passes, is, that he should use the water in a reasonable manner, and so as not to destroy, or render useless,...affect the application of the water by the 'proprietors above or below on the stream." This is, in substance, the same principle which has been stated. For,... | |
 | John Smith Furlong - Landlord and tenant - 1845 - 830 pages
...the party by, or over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not to destroy, or render useless,...diminish, or affect the application of the water by the proprietor lower down on the stream : he must neither close his sluices(ft), so as to detain the water... | |
 | Edmund Hatch Bennett, Chauncey Smith - Law reports, digests, etc - 1851 - 680 pages
...of the party by or over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not to destroy, or render useless,...unreasonably, or let it off in unusual quantities, to the annoyance of his neighbor. Pothier lays down the law very strictly, that the owner of the upper stream... | |
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