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" Each mine-owner has all rights of property in his mine, and, among them, the right to get all minerals therefrom, provided he works with skill and in the usual manner. And if, while the occupier of a higher mine exercises that right, nature causes water... "
Reports of Cases Decided in the Court of Chancery of the State of New Jersey - Página 456
por New Jersey. Court of Chancery - 1884
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The New Reports, Containing Cases Decided in the Courts of ..., Tema 40,Volumen3

748 páginas
...while the occupier of the higher mine exercises that right, nature causes the water to flow into the lower mine, he is not responsible for this operation of nature. If the occupier of the lower mine intends to guard against this operation, ho must leave a barrier in the...
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Collieries and Colliers: A Handbook of the Law and Leading Cases Relating ...

John Coke Fowler - 1872 - 512 páginas
...get all minerals, provided he works with skill in the usual manner, and if, while the occupier of the higher mine exercises that right, nature causes water...to flow to a lower mine, he is not responsible for that operation of nature. If the owner of the lower mine intends to guard against this operation, he...
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Reports of Cases Argued and Determined in the English Courts of ..., Volumen109

Great Britain. Courts - 1873 - 562 páginas
...provided he works with skill and in the usual manner. And if, while the occupier of a higher mine r*QQo *exercises that right, nature causes water to flow...part of his mine, to bay back the water of his higher neighbour. The law imposing these regulations for the enjoyment of somewhat conflicting interests,...
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The Law of Collieries: A Handbook of the Law and Leading Cases

John Coke Fowler - 1884 - 472 páginas
...get all minerals, provided he works with skill in the usual manner, and if, while the occupier of the higher mine exercises that right, nature causes water...to flow to a lower mine, he is not responsible for that operation of nature. If the owner of the lower mine intends to guard against this operation, he...
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A Treatise on the American Law Relating to Mines and Mineral Lands ..., Volumen2

Curtis Holbrook Lindley - 1897 - 868 páginas
...provided he works with skill and in the usual manner; and if, while the occupier of a higher level, exercises that right, nature causes water to flow...mine, he is not responsible for this operation of nature.1 Laud on a lower level owes a natural servitude to that on a higher, in respect of receiving,...
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Cases Decided in the Court of Session, Court of Justiciary, and ..., Volumen3

1898 - 1414 páginas
...property in his mine, and among them the right to get all minerals therefrom, provided he works with skiU and in the usual manner. And if, while the occupier...is not responsible for this operation of nature.' " Now, in the case of Smith v. Kenrick, 14th February 1849, 7 С. В., 515, which was thus adopted...
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The Law of Torts: A Treatise on the English Law of Liability for Civil Injuries

Sir John William Salmond - 1907 - 574 páginas
...mine, if this escape is caused merely by the working of the defendant's mine in the ordinary manner. " Each mineowner has all rights of property in his mine,...is not responsible for this operation of nature." 1 4 It makes no difference that the damage complained of was the known and necessary result of the...
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The South Western Reporter, Volumen100

1907 - 1334 páginas
...therefrom, provided he works with skill and In the usual manner. And if, while the occupier of the higher mine exercises that right, nature causes water...must leave a barrier at the upper part of his mine to keep back the water of his higher neighbor. The law Imposes these regulations, for the enjoyment of...
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The Southwestern Reporter, Volumen100

1907 - 1336 páginas
...therefrom, provided he works with skill and in the usual manner. And if, while the occupier of the higher mine exercises that right, nature causes water...lower mine, he Is not responsible for this operation oí nature.' If the owner of the lower mine Intends to guard against this operation, he must leave...
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The Law of Mines, Quarries, and Minerals

Robert Forster MacSwinney - 1907 - 992 páginas
...remedy.1 If, while the occupier of a higher mine exercises his right to get all minerals therefrom, nature causes water to flow to a lower mine, he is not responsible for this operation of nature.2 And the principle applicable to water collected by previous workings equally applies to water...
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