Articoli correlati a Notes to Phillipps' Treatise on the law of evidence...
Sinossi
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1839 Excerpt: ...', in Lady Hamilton v. The Marquis of Donegal, 3 Ridgw. Irish P. V.-267 to 328. The case passed from the court of exchequer, where it was originally tried, through the court of exchequer chamber, and thence to the house of lords. The distinction finally settled was, that the ordinary means of catching fish in a lower fishery, as by nets, rods, &,c., though it diminish the value of the fishery above, shall not be considered an injury; but if by erections below, the fish be prevented from going up, this is an injury for which an action lies. See pp. 323, 4, 5, where the lord chancellor states the rights of the two owners very clearly. The two conflicting fisheries were on the river Bann, and extended through several counties. And note; this case may not directly conflict with the above Pennsylvania cases last referred to; for the river Bann here in question is treated as private property, in respect to the fisheries. Otherwise, we have noticed, as to the Schuylkill. (Per Tilghman, Ch. J., 14 Serg. & Rawle, 78, 9; and see ante, note 293, p. 304.) It is safe to say that a mere theoretical injury shall never be a ground of action. (Thompson v. Crocker, supra.) Yet, where the ground of one man is flooded by another, though it be in the least possible degree, the law implies damage; and in an action, nominal damages, at least, must be given. (Pastorius v. Fisher, 1 Rawle, 27, 28, and Alexander v. Kerr, cited at the last page by Gibson, J.) The last case (reported 2 Rawle, 83,) is very strong. The owner above had acknowledged the flow to be beneficial to him, and stood by silently and seen the mill below sold, without uttering a word of complaint; yet he was allowed his action. (See per Gibson, Ch. J. id. 88, 9.) As to the rights of repair by one of two men...
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- EditoreRareBooksClub.com
- Data di pubblicazione2012
- ISBN 10 1130163164
- ISBN 13 9781130163162
- RilegaturaCopertina flessibile
- Numero di pagine482
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