A Treatise on the Law of Waters: Including Riparian Rights, and Public and Private Rights in Waters Tidal and InlandCallaghan, 1883 - 870 pages |
From inside the book
Results 1-5 of 55
Page 57
... plaintiff's commonable right by taking seaweed from the beach . See , also , Knowles v . Nichols , 2 Cur- tis , 571 ; Knowles v . Nichols , 2 R. I. 198 ; Knowles v . Knowles , 12 R. I. 400 , 406 , 411. And see , generally , Hall v ...
... plaintiff's commonable right by taking seaweed from the beach . See , also , Knowles v . Nichols , 2 Cur- tis , 571 ; Knowles v . Nichols , 2 R. I. 198 ; Knowles v . Knowles , 12 R. I. 400 , 406 , 411. And see , generally , Hall v ...
Page 59
... plaintiff's close , and there deposit it , and afterwards to take it away at pleasure , was not unreasonable or void . § 26. In the case of Blundell v . Catterall , " the court of King's Bench decided that the public have no common ...
... plaintiff's close , and there deposit it , and afterwards to take it away at pleasure , was not unreasonable or void . § 26. In the case of Blundell v . Catterall , " the court of King's Bench decided that the public have no common ...
Page 224
... plaintiff alone navigates the river , and is the owner of the only wharf thereon above the bridge , being merely ... plaintiff's land , or , being against the front of his land , entirely cuts off his access to the stream , and thereby ...
... plaintiff alone navigates the river , and is the owner of the only wharf thereon above the bridge , being merely ... plaintiff's land , or , being against the front of his land , entirely cuts off his access to the stream , and thereby ...
Page 225
... plaintiff's ownership , did not create an injury which differed in kind from that suffered by other persons owning lands upon the harbor or navigating over the flats , and was not remediable by private action , although access to the ...
... plaintiff's ownership , did not create an injury which differed in kind from that suffered by other persons owning lands upon the harbor or navigating over the flats , and was not remediable by private action , although access to the ...
Page 231
... plaintiff could not obtain the bark , and his business was injured . It was held that peculiar damage to the plaintiff was established , and that the action could be maintained . The opinion refers to earlier decisions in Massachusetts ...
... plaintiff could not obtain the bark , and his business was injured . It was held that peculiar damage to the plaintiff was established , and that the action could be maintained . The opinion refers to earlier decisions in Massachusetts ...
Other editions - View all
Common terms and phrases
13 Pick 42 Maine action adjoining Allen Attorney authority banks Barb Boom Boston Bridge Brown Canal Canal Co caused channel Clark Commissioners common law Commonwealth Conn County court covenant creek Crown Cush damages defendant ditch easement entitled erected Exch ferry fish fishery Fitchburg Railroad flow grant Gray Hale held highway Ibid injury Iowa Johnson Jones Jure Maris jurisdiction Keokuk Lake land legislature liable Lord low-water mark maintain Manuf Mass mill Minn Moore Morris Canal Murcot N. J. Eq navigable river navigable waters nuisance obstruction Ohio Ohio St Old Colony Railroad Penn plaintiff pond public right purpose Rail Railroad Railroad Co Railway right of navigation riparian owner riparian proprietor road rule shore Smith soil statute stream tide waters tion toll trespass Turnpike Co vessels Wall Wend wharf Whitstable York York Central Railroad
Popular passages
Page 137 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Page 494 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 422 - ... injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.
Page 132 - ... exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas...
Page 136 - And they constitute navigable waters of the United States within the meaning of the acts of Congress, in contradistinction from the navigable waters of the States, when they form in their ordinary condition by themselves, or by uniting with other waters, a continued highway over which commerce is or may be carried on with other States or foreign countries in the customary modes in which such commerce is conducted by water.
Page 680 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Page 422 - Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws and decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 426 - The use of all water now appropriated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law...
Page 494 - ... it seems but reasonable and just that the neighbor who has brought something on his own property (which was not naturally there), harmless to others so long as it is confined to his own property...
Page 276 - The title to the soil constituting the bed of a river does not carry with it any exclusive right of property in the running water of the stream, which can only be appropriated by severance, and which may be lawfully so appropriated by every one having a right of access to it.