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 192by Thomas A. Street - 1999 - 500 pagesLimited preview - About this book
 | Melville Madison Bigelow - 1875 - 830 pages
...public: 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 is... | |
 | John Leybourn Goddard - 1877 - 504 pages
...litigation." .... " Something has been said of a right of 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 support the surface from subsidence and keep it securely at its ancient and natural level." These principles... | |
 | Institution of Surveyors (Great Britain). - 454 pages
...comparative value of the " surface and the minerals, and it follows that the only reasonable support is i^hat which will protect the surface from subsidence, and...keep it securely at its ancient and natural level. Effect of Custom. Custom and usage have been frequently urged in order to defeat the operation of the... | |
 | 1883 - 634 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 cuslom of the country,... | |
 | 1887 - 1098 pages
...its usual and ordinary condition — its ancient condition — as is said by the supreme court : ' The only reasonable support is that which will protect...keep it securely at its ancient and natural level. ' . . . " Levi Bird Duff, for plaintiff in error. "WTiat Farrow, Gumbert & Co. bought, was " All the... | |
 | Stephen Martin Leake - 1888 - 662 pages
...ordinary right of support from the minerals reserved (r). As to the degree of support it is said, " the only reasonable support is that which will protect...keep it securely at its ancient and natural level." It is independent of the nature of the soil and of the comparative values of the surface and the minerals... | |
 | John Chipman Gray - 1888 - 816 pages
...to a reasonable support for the surface : but we cannot measure out degrees to which the right ma}' extend ; and the only reasonable support is that which...subsidence, and keep it securely at its ancient and naturaj_ level. The defendant's counsel have argued that the analog}- as to the support to which one... | |
 | Robert Campbell, Irving Browne - 1896 - 932 pages
...739, 20 LJQB 10, 15 Jnr. 124. The measure of the support required was said by Lord CAMPBRLL, CJ, to be "that which will protect the surface from subsidence...keep it securely at its ancient and natural level." This decision has been repeatedly approved. See Smart v. Morton (1855), 5 El. & Bl. 30, 24 L. JQB 261;... | |
 | Leonard Augustus Jones - 1898 - 838 pages
...the public. 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 1 Robertson v. Coal Co., 172 Pa. St. 622; Bower v. Peate, 1 QBD 321, 566, 571, 33 Atl. Rep. 7o6, per... | |
 | 1900 - 840 pages
...right of support for the surface may extend. "The only reasonable support," as Lord Campbell observed, "is that which will protect the surface from subsidence and keep it securely at its antient and natural level." The damages awarded by the Chief Justice do not appear to their lordships... | |
| |