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" We are not insensible to the consideration that the holding damage to be essential to the cause of action may extend the time during which persons working minerals and making excavations may be made responsible ; but we think that the right which a man... "
The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence - Side 186
1861
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Francis Ellis - 1860 - 1150 sider
...of law satisfied by the one judgment or accord. We are not insensible to the consideration that the holding damage to be essential to the cause of action...the time during which persons working minerals and makTng excavations may be made respon- [1859.] sible; but we think that the right which a man has is...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Francis Ellis - 1860 - 1150 sider
...of law satisfied by the one judgment or accord. We are not insensible to the consideration that the holding damage to be essential to the cause of action may extend the time during which persons working (a) 10 Exck. 259. minerals and making excavations may be made responsible ; but we think that the right...
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Collieries and Colliers: A Handbook of the Law and Leading Cases Relating ...

John Coke Fowler - 1872 - 512 sider
...during which parties are working the minerals ; but on principle we think the right which a man has to enjoy his own land in the state and condition in which nature has placed it, also to use it in such a manner as he. thinks fit, is subject always to this, that if his mode of using...
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A Treatise on the Law of Easements

John Leybourn Goddard - 1877 - 504 sider
...liable for an act done on his own land." . . . . " We are not insensible to the consideration that the holding damage to be essential to the cause of action...it, and also to use it in such a manner as he thinks tit, subject always to this — that if his mode of using it does to his neighbour, he must make compensation....
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The Northeastern Reporter, Volum 4

1886 - 932 sider
...to the action? Or, in other words, did the cause of action accrue within six years?" He also says: "We think that the right which a man has is to enjoy...which nature has placed it, and also to use it in such manner as he thinks fit, subject always to this, that, if his mode of using it does damage to his neighbor,...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volum 43

Ohio. Supreme Court - 1886 - 800 sider
...words, did the cause of action accrue Valley Railway Company v. Franz. within six years?" He also says: "We think that the right which a man has is to enjoy...which nature has placed it, and also to use it in such manner as he thinks fit, subject always to this : that if his mode of using it does damage to his neighbor,...
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The Law of Limitation in India

India - 1887 - 956 sider
...Willes, J., observes " we are not Observations of Willes. J. insensible to the consideration, that the holding damage to be essential to the cause of action...that the right which a man has, is to enjoy his own lands in the state and condition in which nature has placed it, and also to use it in such a manner...
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A Treatise on the Law of Easements: In Continuation of the Author's Treatise ...

Leonard Augustus Jones - 1898 - 838 sider
...of another are clearly distinguishable. * * * .We are not insensible to the consideration that the holding damage to be essential to the cause of action...which nature has placed it, and also to use it in such manner as he thinks fit, subject always to this: that, if his mode of using it does damage to his neighbor,...
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Leading Cases Upon the Law of Torts

George Chase - 1904 - 844 sider
...the land of another are clearly distinguishable. We are not insensible to the consideration that the holding damage to be essential to the cause of action...which nature has placed it, and also to use it in such manner as he thinks fit, subject always to this : that, if his mode of using it does damage to his...
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The Law of Mines and Mining in the United States, Volum 2

Daniel Moreau Barringer, John Stokes Adams - 1911 - 850 sider
...owner (who in this instance is the mine owner) must so use his property as not to injure his neighbor. "The right which a man has is to enjoy his own land...which nature has placed it, and also to use it in such manner as he thinks fit, subject always to this ; that if his mode of using it does damage to his neighbor,...
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