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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 Foundations of Legal Liability: Theory and principles of tort

Thomas Atkins Street - 1906 - 542 pages
...appear to be reasonable support. " We cannot," said Lord Campbell, in Humphries v. Brogden ( 185o),s " measure out degrees to which the right may extend,...subjacent proprietor began and possession was taken ; 9 and also doubtB. 739, 64 ECL 739; Harris v. Ryding, 5 M. & W. 6o; Erickson v. Michigan Land, etc.,...
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The Law of Easements, Natural Rights Arising from Situation, and Licenses, India

India - 1906 - 186 pages
...of support for the surface may extend. ' The only reasonable support,' as Lord Campbell observed, ' is that which will protect the surface from subsidence...securely at its ancient and natural level.' " The judgment of the Court of first instance, granting an injunction restraining the defendants from digging...
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The Law Relating to Easements in British India

Frederick Peacock - 1909 - 836 pages
...Jfumpltrietv. JJmyth-H, ubi *np. But the support itself must be "that which will protect the " surf:icc from subsidence and keep it " securely at its ancient and natural " level," per Lord Campbell in Humphries V. JJi'ftffdcn, ttbi tt'tp. at p. 7-15. 1 Partridge v. Scott (1838),...
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Ruling Case Law: As Developed and Established by the Decisions and ..., Volume 1

William Mark McKinney, Burdett Alberto Rich - 1914 - 1288 pages
...has frequently been contended that a subjacent owner is only bound to furnish reasonable support, but the only reasonable support is that which will protect...keep it securely at its ancient and natural level. And if the surface subsides, and is injured by the removal of the lower strata, although, on the supposition...
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Modern American Law: A Systematic and Comprehensive Commentary on ..., Volume 5

Eugene Allen Gilmore, William Charles Wermuth - 1914 - 1010 pages
...on the rule, as that there is only a right to a reasonable support for the surface. The rule is that the only reasonable support is that which will protect...keep it securely at its ancient and natural level. 486. Right of support subordinate to rights in percolating waters.—The right of support of an adjoining...
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The Law Quarterly Review, Volumes 31-35

Frederick Pollock - 1919 - 382 pages
...of support for the surface may extend. " The only reasonable support ", as Lord Campbell observed, " is that which will protect the surface from subsidence...keep it securely at its ancient and natural level".' In these circumstances all that can be said of Popphwill v. Hodkinson is that it is an authority which,...
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The Law Relating to Easements in British India

Frederick Peacock - 1922 - 854 pages
...citing Humphries v. Jirogilen, tihi sup. But tho support itself must be " that which will protect " tho surface from subsidence and " keep it securely at. its ancient and " natural level," prr Lord Campbell in Humphries v. Brogden, ubi svp. at p. 745. * Partridge v. Scott (1838), 3 M. &...
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Reports of Cases Determined in the Appeal and Chancery ..., Volume 2; Volume 7

New Brunswick. Supreme Court, Ward Chipman, Sir John Campbell Allen, Allen Otty Earle, Thomas Carleton Allen, George F. S. Berton, David Shank Kerr, George B. Seely, James Hannay, William Pugsley, George Wheelock Burbidge, Arthur I. Trueman, John L. Carleton, George W. Allen, William Henry Harrison, Ernest Doiron, Douglas King Hazen - 1858 - 738 pages
...advantage will bring about aguimt " a compromise advantageous to the parlies and the public.' • * * " The only reasonable support, is that which will ''...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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The Law Journal Reports, Volume 68

1899 - 492 pages
...of support for the surface may extend. " The only reasonable support," as Lord Campbell observed, " is that which will protect the surface from subsidence,...it securely at its ancient and natural level." The damages awarded by the Chief Justice do not appear to their Lordships to have been assessed on a wrong...
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The Oil and Gas Lease in Canada

John Bishop Ballem - 1999 - 424 pages
...what constitutes the right to support. the classic statement seems to be that in Humphries v Brogden:^ "The only reasonable support is that which will protect...keep it securely at its ancient and natural level." An example of how the right to mine minerals could cause subsidence to the surface and thus be enjoined...
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