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" But de minimis non curat lex, and a right of action by the proprietor below would not necessarily flow from such consequences, but would depend upon the nature and extent of the complaint or injury, and the manner of using the water. All that the law... "
The Law Times - Page 80
1831
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Commentaries on American Law, Volume 3

James Kent - 1826-1830 - 1828 - 432 pages
...of it, and some variations in the weight and velocity of the current. But de minimis non curat lex, and a right of action by the proprietor below would...consequences, but would depend upon the nature and exr tent of the complaint or injury, and the manner of using the water. All that the law requires of...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 29

New Jersey. Court of Chancery - Law reports, digests, etc - 1878 - 738 pages
...of it, and some variations in the weight and velocity of the current. But de minimis non curat lex, and a right of action by the proprietor below would...use the water in a reasonable manner, and so as not to destroy or render useless, or materially diminish or affect the application of the water by the...
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Commentaries on American Law, Volume 3

James Kent - Law - 1832 - 536 pages
...of it, and some variations in the weight and velocity of the current. But de minimis non curat lex, and a right of action by the proprietor below would...stream passes, is, that he should use the water in a reanonable manner, and so as not to destroy, or render useless, or materially diminish, or affect the...
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Reports of Cases Argued and Determined in the Court of Chancery of ..., Volume 6

New York (State). Court of Chancery, Alonzo Christopher Paige - Equity - 1838 - 712 pages
...the nature and extent of the injury, and the manner of using the water. 5. All that the law requires is that he should use the water in a reasonable manner, and so as not to destroy, or render useless, or materially diminish or affect the like application of the water by...
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A Treatise on the Law of Easements

Charles James Gale, Thomas Denman Whatley - Servitudes - 1840 - 382 pages
...of it, and some variations in the weight and velocity of the current. But de minimi» won curat lex, and a right of action by the proprietor below would...water." "All that the law requires of the party, by and over whose land a stream passes, is, that he should use the water in a reasonable manner, and so...
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Theologiae moralis, Volume 2

Francis Patrick Kenrick - Christian ethics - 1842 - 438 pages
...would imply that, in that state, no suit lies, if there be no protecting fence." Ibidem, Note. (4) "All that the law requires of the party, by or over...use the water in a reasonable manner, and so as not to destroy, or render useless, or materially diminish, or affect the application of the water by the...
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A Treatise on the Law of Landlord and Tenant, as ..., Book 90, Volume 1

John Smith Furlong - Landlord and tenant - 1845 - 830 pages
...time, or change its direction, but must return it to its ordinary channel, on leaving his property. All that the law requires of the party by, or over...use the water in a reasonable manner, and so as not to destroy, or render useless, or materially diminish, or affect the application of the water by the...
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Reports of Cases in Equity: Argued and Determined in the Court of Appeals ...

South Carolina. Court of Appeals, James Sanders Guignard Richardson - Equity - 1845 - 632 pages
...edit.) 440, Chancellor Kent, after an examination of all the cases, states the law as follows. " All the law requires of the party by or over whose land a stieam passes, is, that he should use the water in a reasonable manner, and so as not to destroy, or...
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., Volume 6

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1849 - 1008 pages
...of it, and some variations in the weight and velocity of the current. But de minimis non curat lex, and a right of action by the proprietor below would not necessarily flow from sucli consequences, but would depend upon the nature and extent of the complaint or injury, and the...
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., Volume 3

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1850 - 936 pages
...variation in the weight and velocity of the current; but the maxim " de minimis non curat lex" applies, and a right of action by the proprietor below would not necessarily flow from such use, — it would depend on the nature and extent of the injury, and the manner of using the water....
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