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" Something has been said of a right to a reasonable support for the surface ; but we cannot measure out degrees to which the right may extend ; and the only reasonable support is that which will protect the surface from subsidence, and keep it securely... "
The Theory and Principles of Tort Law - Page 192
by Thomas A. Street - 1999 - 500 pages
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The Mining Magazine: Devoted to Mines, Mining Operations ..., Volume 1

1853 - 690 pages
...public. Something has been said about a right of reasonable support for the surface, but we cannot measure out degrees to which the right may extend,...keep it securely at its ancient and natural level." COMMERCIAL ASPECT OF THE MIXING INTEREST. SINCE our last, the transactions in mining stocks have been...
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The Law Magazine and Law Review: Or, Quarterly Journal of ..., Volume 8

1860 - 428 pages
...litigation. . . Something has been said of a right to a reasonable support for the surface ; but we cannot measure out degrees to which the right may extend,...it securely at its ancient and natural level; The defendant's counsel have argued, that the analogy as to the support to which one superficial close...
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Reports of Cases Argued and Determined in the Court of Queen's ..., Volume 5

Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Great Britain. Court of Exchequer Chamber - 1856 - 1146 pages
...said : " Something has been said of a right to a reasonable support for the surface : but we cannot measure out degrees to which the right may extend...keep it securely at its ancient and natural level." This also shews the insufficiency of the allegation that defendants did the acts " carefully, diligently,...
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Reports of cases argued and determined in the Supreme court of New ..., Volume 2

John Campbell Allen - 1858 - 742 pages
...parties and the public." * * * " The only " reasonable support, is that which will protect the sur" face from subsidence, and keep it securely at its " ancient and natural level." It appears to us therefore that where the Crown or a subject being originally seized of land and the...
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A Treatise on Rights of Water: Including Public and Private Rights ..., Page 537

Sir John Budd Phear - 1859 - 140 pages
...follows: "Something has been said of a right to a reasonable support for the surface : but we cannot measure out degrees to which the right may extend...it securely at its ancient and natural level." the natural conditions of his property unmolested, as to prevent his neighbour from making a fair and reasonable...
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The Law Magazine and Law Review: Or, Quarterly Journal of ..., Volume 20

1866 - 386 pages
...leave sufficient support for the surface in its natural state." (Smart v. Morton, 5, E. & B. 46.) " The only reasonable support is that which will protect...keep it securely at its ancient and natural level. without reference to the nature of the strata, or the difficulty of propping up the surface, or the...
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The Law Magazine and Law Review: Or, Quarterly Journal of ..., Volume 20

1866 - 382 pages
...leave sufficient support for the surface in its natural state." (Smart v. Morton, 5, E. & B. 46.) " Tho only reasonable support is that which will protect...keep it securely at its ancient and natural level, without reference to the nature of the strata, or the difficulty of propping up the surface, or the...
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Albany Law Journal, Volume 27

1883 - 548 pages
...page 745: " Something has been said of a right to a reasonable support for the surface ; but we cannot measure out degrees to which the right may extend,...it securely at its ancient and natural level." The jury found that the company defendant had worked carefully and according to the custom of the country,...
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Albany Law Journal, Volume 27

1883 - 554 pages
...745 : " Something has been said of a right to a reasonable support for the surface ; but we cannot measure out degrees to which the right may extend,...it securely at its ancient and natural level." The jury found that the company defendant had worked carefully and according to the custom of the country,...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 85

Great Britain. Courts - 1870 - 694 pages
...said : " Something has been said of a right to a reasonable support for the surface : but we cannot measure out degrees to which the right may extend...keep it securely at its ancient and natural level." This also shows the insufficiency of the allegation that defendants did the acts " carefully, diligently,...
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