 | James Kent - 1828 - 432 pages
...channel when it leaves his estate. Without the consent of the adjoining proprietors he cannot divert or diminish the quantity of water, which would otherwise...nor throw the water back upon the proprietors above, without a grant, or an uninterrupted enjoyment of twenty years, which is evidence of it.* This a Matts... | |
 | New Jersey. Court of Chancery - 1878 - 738 pages
...channel when it leaves his estate ; without the consent of the adjoining proprietors he cannot divert or diminish the quantity of water which would otherwise...nor throw the water back upon the proprietors above, without a grant or an uninterrupted enjoyment of twenty years, which is evidence of it. The owner must... | |
 | James Stewart - 1831 - 754 pages
...Resbridger, 2 Vern. (c) 6 East. 215. 390. (d) Balston v. Bensted, I Camp. (6) Pree. Cha. 530. 468. prejudice of any other proprietor. Without the consent...the proprietors above. Every proprietor who claims to be entitled to throw the water back above, or to diminish the quantity of water which is to descend... | |
 | James Kent - 1832 - 536 pages
...channel when it leaves his estate. Without the consent of (he adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise descend to the proprietors below, nor thTow the water back upon the proprietors above, without a grant, or an uninterrupted enjoyment of... | |
 | 1843 - 854 pages
...consequently no one can have the right to use the water to the prejudice of any other without his consent. No proprietor can either diminish the Quantity of water which would otherwise descend upon the proprietors below, nor throw back the water upon the proprietors above, so as to overflow... | |
 | William Burge - 1838 - 1114 pages
...which flows in the stream ; and, consequently, no proprietor can have the right to use the water to the prejudice of any other proprietor without the consent...would otherwise descend to the proprietors below, or throw the water back upon the proprietors above. Every proprietor who claims a right either to throw... | |
 | William Selwyn - 1838 - 838 pages
...which flows in the stream, and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent...affected by his operations, no proprietor can either dimmish the quantity of water which would otherwise descend to the proprietors below, nor throw the... | |
 | Solomon Atkinson - 1839 - 708 pages
...which flows in the stream, and,- consequently, no proprietor can have the right to use the water to the prejudice of any other proprietor, without the consent...descend to the proprietors below, nor throw the water hack on the proprietors above. Every proprietor who claims a right either to throw the water back,... | |
 | Esek Cowen, Nicholas Hill - 1839 - 906 pages
...right to use the water to the prejudice of any other proprietor. Without the consent of the oilier proprietors, who may be affected by his operations,...would otherwise descend to the proprietors below, or throw the water back upon the proprietors above." (Per Sir J. Leach, Vice Ch. in Wright v. Howard,... | |
 | Charles James Gale, Thomas Denman Whatley - 1840 - 384 pages
...which flows in the stream, and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent...either diminish the quantity of water, which would («) See per Curiam in Mason v. Hitl, 5 ii. & Adol. 20 ; 2 Nev. & M. 747. (b) 7 Bing. 682 ; 5 Moo.... | |
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Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it another direction, and he must return it to its ordinary channel when it leaves his estate. Without the consent of the adjoining proprietors, he cannot... 
