 | Charles James Gale, Thomas Denman Whatley - 1840 - 382 pages
...use of it. There may be, and there must be allowed to all, of that which is common, a reasonable use. The true test of the principle and extent of the use...is to the injury of the other proprietors, or not. There may be a diminution iu quantity, or a retardation or acceleration of the natural current, indispensable... | |
 | Joseph Kinnicut Angell - 1840 - 294 pages
...use of it. There may be, and there must be allowed of that, which is common to all, a reasonable use. The true test of the principle and extent of the use...is to the injury of the other proprietors or not. There may be a diminution in quantity, or a retardation, or acceleration of the natural current indispensable... | |
 | Esek Cowen - 1841 - 590 pages
...otherwise descend to the proprietors below, or throw the water back upon the proprietors above."(a) "The true test of the principle and extent of the...whether it is to the injury of the other proprietors or not."(6) Again : " Mere priority of appropriation of running water, confers no exclusive use."(c) Within... | |
 | South Carolina. Court of Appeals, J. S. G. Richardson - 1845 - 632 pages
...of it. There may be, and there must be, allo-.ved of that which is common to all, a reasonable use. The true test of the principle and extent of the use...is to the injury of the other proprietors or not." In Cowell vs. Thayer, 5 Met. 256, CJ Shaw, speaking of past decisions in Massachusetts, says, "several... | |
 | Georgia. Supreme Court - 1848 - 702 pages
...says, " There may be, and there must be allowed, of that which is common to all, a reasonable use. The true test of the principle, and extent of the...is to the injury of the other proprietors or not." 4 Mason R. 401. But the Court below denied us the right to apply this test. He refused to permit us... | |
 | Robert Porrett COLLIER (Baron Monkswell.) - 1849 - 238 pages
...use of it. There may be, and there must be allowed to all, of that which is common, a reasonable use. The true test of the principle and extent of the use...is to the injury of the other proprietors or not. There may be a diminution in quantity, or a retardation or acceleration of the natural current indispensable... | |
 | Charles James Gale - 1849 - 552 pages
...use of it. There may be, and there must be allowed to all, of that which is common, a reasonable use. The true test of the principle and extent of the use is, whether it is to (a) Tyler v. Wilkinson, 4 Mason, USR 897. the injury of the other proprietors, or not. There may Judgment... | |
 | Edmund Hatch Bennett, Chauncey Smith - 1851 - 680 pages
...use of it. There may be, and there must be allowed to all, of that which is common, a reasonable use. The true test of the principle and extent of the use...is to the injury of the other proprietors or not. There may be a diminution in quantity, or a retardation or acceleration of the natural current, indispensable... | |
 | Joseph Henry Dart - 1851 - 1234 pages
...throw it back upon the proprietor above; the true test of the principle and extent of the use being, whether it is to the injury of the other proprietors, or not. In Louisiana, priority of appropriation in mill owners, is recognized by positive law, as securing... | |
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There may be, and there must be allowed of that, which is common to all, a reasonable use. The true test of the principle and extent of the use is, whether it is to the injury of the other proprietors or not. 
