 | James Kent - 1826-1830 - 1828 - 432 pages
...stream adjacent to his lands, as it was wont to run. (currere $olebat) without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1878 - 738 pages
...flows in the stream adjacent to his lands, as it was wont to run, without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors Acquackanonk Water Co. v. Watson. above or below him, unless he has a prior right... | |
 | Esek Cowen, Nicholas Hill - Evidence (Law) - 1839 - 906 pages
...of the water flowing in its natural current, without diminution or obstruction. No proprietor lias a right to use the water to the prejudice of another....the proprietors on the river, no one has a right to diminish the quantity which will, according to the natural current, flow to a proprietor below, or... | |
 | Joseph Kinnicut Angell - Water - 1840 - 294 pages
...itself ; — but a 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." "This," adds the same high authority, " is the necessary result of the perfect equality of right among... | |
 | Charles James Gale, Thomas Denman Whatley - Servitudes - 1840 - 382 pages
...stream adjacent to his lands, as it was wont to run (currere solebat). without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has ¡i prior right to divert it, or a title to some... | |
 | Law - 1831 - 600 pages
...stream adjacent to his lands, as it was wont to run (currere soleoat), without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below, unless he has a prior right to divert it, or a title to some exclusive... | |
 | John Smith Furlong - Landlord and tenant - 1845 - 830 pages
...his property, as it was accustomed to run in its natural channel, without diminution or alteration : no proprietor has a right to use the water to the prejudice of other proprietors above or helow him, unless he has a prior right to divert it, or a title to some... | |
 | Georgia. Supreme Court - Equity - 1848 - 702 pages
...adjacent to his lands, as it was wont to run, (currcre solebat,) without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some... | |
 | Robert Porrett COLLIER (Baron Monkswell.) - Mining law - 1849 - 238 pages
...water itself, but a 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...the proprietors on the river ; no one has a right to diminish the quantity, which will, according to the natural current, flow to the proprietor below,... | |
 | Charles James Gale - Servitudes - 1849 - 552 pages
...The consequence of this principle is, that no proprietor has a right to use the water to the | 132 ] prejudice of another. It is wholly immaterial whether...the proprietors on the river ; no one has a right to diminish the quantity which will, according to the natural current, flow to a proprietor below, or... | |
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... without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water... 
