The Law Relating to Waters, Sea, Tidal, and Inland: Including Rights and Duties of Riparian Owners, Canals, Fishery, Navigation, Land Drainage, Ferries, Bridges, and Tolls and Rates ThereonSweet and Maxwell, 1924 - 766 pages |
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Page 3
... damage to property and does not extend to injury to the person . ( Harris v . Owners of the Franconia , 2 C. P. D. 173 ; The Vera Cruz , 10 App . Cas . 59. ) In The Bilbao , Lush . 149 , this provision was held to give jurisdiction in a ...
... damage to property and does not extend to injury to the person . ( Harris v . Owners of the Franconia , 2 C. P. D. 173 ; The Vera Cruz , 10 App . Cas . 59. ) In The Bilbao , Lush . 149 , this provision was held to give jurisdiction in a ...
Page 43
... damage may be avoided by the reparation of the old one , a new one ought not to be erected ( p ) . In the absence of evidence that the prescriptive liability of a Where damage is frontager extends to the repair of damage caused by ...
... damage may be avoided by the reparation of the old one , a new one ought not to be erected ( p ) . In the absence of evidence that the prescriptive liability of a Where damage is frontager extends to the repair of damage caused by ...
Page 44
... damage caused by such negligence , even though the damage is caused by the overflow of an extraordinarily high tide . Thus , in The Nitro - Phosphate Co. v . London Docks ( t ) , the defendants , the owners of a dock on the river Thames ...
... damage caused by such negligence , even though the damage is caused by the overflow of an extraordinarily high tide . Thus , in The Nitro - Phosphate Co. v . London Docks ( t ) , the defendants , the owners of a dock on the river Thames ...
Page 45
... damage done by the act of God and the damage occasioned by their negligence could be ascertained and apportioned ( y ) . tenants for life and If a tenant for life suffer a sea - wall to be out of repair , so that Liability of by his ...
... damage done by the act of God and the damage occasioned by their negligence could be ascertained and apportioned ( y ) . tenants for life and If a tenant for life suffer a sea - wall to be out of repair , so that Liability of by his ...
Page 96
... damage to the pursuers , the Court could not interfere by action or interdict ; on appeal the House of Lords held , affirming the decision of the Court of Session , that though each proprietor on the banks of a non - tidal river had a ...
... damage to the pursuers , the Court could not interfere by action or interdict ; on appeal the House of Lords held , affirming the decision of the Court of Session , that though each proprietor on the banks of a non - tidal river had a ...
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Other editions - View all
The Law Relating to Waters, Sea, Tidal, and Inland Urquhart Atwell Forbes,Henry John Wastell Coulson No preview available - 2015 |
Common terms and phrases
Act of Parliament action adjoining Att.-Gen authorised authority banks Board bridge Brinsop canal company caused channel claim Commissioners common law Corporation Council Crown damage defendants discharge district docks drain Drainage duty easement empowered enjoyment entitled erected ferry Fisheries Act flow foreshore Free Fishers Grand Junction Canal grant harbour held highway House of Lords Ibid injunction injury judgment jury L. J. Ch L. J. Ex land liable Lord Lord Advocate low water mark manor Mayor of Colchester Metropolitan Board mill natural stream navigable river non-tidal nuisance obstruction ownership oyster parish pass person pier plaintiff pollution port powers prescription public right purposes question railway rateable rates repair right of navigation riparian owner riparian proprietor Rochdale Canal salmon says sewage Sewers ship shore soil statute tenement Thames tidal waters tide tion tolls Urban Council vessel Vict Waterworks Whitstable Woolrych
Popular passages
Page 648 - All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative...
Page 428 - ... carry lights or signals, or of any neglect to keep a proper look-out, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.
Page 126 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Page 129 - ... the person who, for his own purposes, brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 313 - ... thereby, so far as the same shall be applicable to such undertaking, and shall, as well as the clauses and provisions of every other act which shall be incorporated with such act, form part of such act, and be construed together therewith as forming one act.
Page 184 - ... any poisonous, noxious, or polluting solid or liquid matter proceeding from any mine, other than water in the same condition as that in which it has been drained or raised from such mine...
Page liv - An offence committed by a person, whether he is or is not a subject of Her Majesty, on the open sea within the territorial waters of Her Majesty's dominions, is an offence within the jurisdiction of the Admiral, although it may have been committed on board or by means of a foreign ship, and the person who committed such offence may be arrested, tried, and punished accordingly.
Page 89 - ... by the House of Lords, reversing the decision of the Court of Appeal, that the directors, having had no intention to deceive, were not liable.
Page 277 - Wheely and others, the court say, "the canal having been made under an Act of Parliament, the rights of the plaintiffs are derived entirely from that Act. This, like many other cases, is a bargain between a company of adventurers and the public, the terms of which are expressed in the statute ; and the rule of construction, in all such cases, is now fully established to be this ; that any ambiguity in the terms of the contract must operate against the adventurers, and in favor of the public, and...
Page 238 - ... such claim may be defeated in any other way by which the same is now liable to be defeated; and...