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The Doctrine of Damnum Absque Injuria; Considered in Its Relation to the Law of Torts

The Doctrine of Damnum Absque Injuria; Considered in Its Relation to the Law of Torts


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This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1879. Not illustrated. Excerpt: ... CHAPTER X. INJURIES TO WATER RIGHTS -- SUBTERRANEAN AND SURFACE WATERS--ARTIFICIAL WATER-COURSES. 100. Diversion of subterranean streams, hidden springs, and percolating waters--Injuries from mining operations to adjoining lands. 101. Subterranean waters--Percolations diverted by well-digging. 102. Injuries to wells, springs, etc., by mining operations in adjoining soil. 103. Rights of owners of land in subterranean streams and percolations -- Water belonging to the soil. 104. Reasonable use of surface streams. 105. Pollution by sewage, etc. 106. Injuries to artificial water-courses. 107. Artificial w>ater-courses--Two classes--Distinctions. 108. Increasing the flow. 100. Diversion of subterranean streams, hidden springs, and percolating waters -- Injuries from mining operations to adjoining lands.--An owner of land who, in mining ore therein, drains water from land of an adjoining owner, thereby destroying a spring upon it, is not liable in damages therefor if there be no evidence of malice or negligence. A land-owner may not negligently or maliciously divert even an unknown subterranean stream, to the damage of a lower proprietor, but he may drain, mine, or quarry, though in so doing he interferes with the flow of water in hidden, unknown, underground channels. This matter has been fully discussed in a series of leading cases upon the subject in England and America, and we shall now review these decisions as containing a full exposition of the law upon the subject. In Pennsylvania, an action on the case was brought for diverting or destroying a spring of water on plaintiff's land. The plaintiff owned a tract of land upon which he and his family resided; on the land adjacent to his dwellin...


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Product Details
  • ISBN-13: 9781150757877
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 124
  • Spine Width: 7 mm
  • Width: 189 mm
  • ISBN-10: 1150757876
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 236 gr


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