 | Joseph Kinnicut Angell - 1840 - 294 pages
...the principle and extent of the use is, whether it is to the injury of the other proprietors or not. There may be a diminution in quantity, or a retardation,...valuable use of the water, perfectly consistent with the use of the common right. The diminution, retardation, or acceleration, not positively and sensibly... | |
 | Charles James Gale, Thomas Denman Whatley - 1840 - 382 pages
...use is, whether it is to the injury of the other proprietors, or not. There may be a diminution iu quantity, or a retardation or acceleration of the...water, perfectly consistent with the common right The diminution, retardation, or acceleration, not positively and sensibly injurious, by diminishing... | |
 | John Smith Furlong - 1845 - 830 pages
...be to deny any valuable use of it: a reasonable use of that which is common must be allowed to all. There may be a diminution in quantity, or a retardation...acceleration of the natural current, indispensable for the valuable use of the stream, perfectly consistent with the common right, and there must be inevitably,... | |
 | Robert Porrett COLLIER (Baron Monkswell.) - 1849 - 238 pages
...the principle and extent of the use is, whether it is to the injury of the other proprietors or not. There may be a diminution in quantity, or a retardation...water perfectly consistent with the common right. The diminution, retardation, or acceleration, not positively and sensibly injurious, by diminishing... | |
 | Charles James Gale - 1849 - 552 pages
...Mason, USR 897. the injury of the other proprietors, or not. There may Judgment of ...... . , Story. J. be a diminution in quantity, or a retardation or acceleration...water, perfectly consistent with the common right. The diminution, retardation, or acceleration, not positively and sensibly injurious, by diminishing... | |
 | Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - 1849 - 938 pages
...the principle and extent of the use is, whether it 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, in(a) 11 A. & E. 571. (4) 3 Rawle, 256, cited 3 Kent's Com. 440, n. (a), (c) 4 Mason U. 8. R. 397.... | |
 | Edmund Hatch Bennett, Chauncey Smith - 1851 - 680 pages
...the principle and extent of the use is, whether it is to the injury of the other proprietors or not. There may be a diminution in quantity, or a retardation...water, perfectly consistent with the common right. The diminution, retardation, or acceleration, not positively and sensibly injurious, by diminishing... | |
 | Joseph Kinnicut Angell - 1854 - 732 pages
...the principle and extent of the use is, whether it is to the injury of the other proprietors or not. There may be a diminution in quantity, or a retardation,...and valuable use of the water, perfectly consistent 1 Palmer et al. r. Mulligan et al., $ Caine's (NY) R. 807. See ante, 99 a. a Jones on Eailm. 9. with... | |
 | 1859 - 256 pages
...principle and extent of " the use is, whether it is to the injury of the other " proprietors or not. There may be a diminution in "quantity, or a retardation...valuable use of the water, perfectly consistent with "the use of the common right. The diminution, " retardation, or acceleration, not positively and sen"sibly... | |
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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. There may be a diminution in quantity, or... 
