 | 1876 - 810 sider
...man made for the purpose of introducing foreign water on his own lands, and he goes on to say : — ' The defendants, as occupiers of the higher mine, have...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 by... | |
 | Joseph Kinnicut Angell - 2000 - 468 sider
...or otherwise to be an active agent in sending water from his mine into the adjoining mine. Erie CJ said, " The defendants, as occupiers of the higher...leave a barrier at the upper part of his mine, to hay back the water of his higher to close such communication. A tenant of a mine was restrained on... | |
 | 1906 - 656 sider
...If, while the occupier of a higher mine exercises the .right to get all the minerals from his land, nature causes water to flow to a lower mine, he is...part of his mine to bay back the water of his higher neighbour.1' This proposition was accepted in the House of Lorda in Rylandt v. Fletchcr(3), Cairns,... | |
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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... 
