A Selection of Cases On Equity Jurisdiction volume 1
A Selection of Cases On Equity Jurisdiction volume 1
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Parliament is, no doubt, at liberty to take a higher view upon a bal- ance struck between private rights and public interests than this court can take. But with respect to the suggested absence of value ^ of the land in its present situation, it is enough to say that the very fact that no interference of this kind can lawfully take place without his consent, and without a bargain with him, gives his interest in this land, even in a pecuniary point of view, precisely the value which that power o...f veto upon its use creates, when such use is to any other per- son desirable and an object sought to be obtained. Besides which, I am not prepared to accede to the i)roposition that it is an unneigh- borly proceeding in a man, whose motive for desiring to prevent a particular act may be collateral to the interest in his land — such, for instance, as his being a proprietor of waterworks which may be in- jured by the proposed use of it, — to say to his neighbor who wishes to compete with him in that business, "You are perfectly at liberty to enter into competition with me as a seller of water to the public of Ramsgate in any lawful manner ; but you are not at liberty to take my land without my consent for the purpose of competing with me, and I shall object to your doing so " In that, I confess, I see nothing unneighborly whatsoever.
What to read after A Selection of Cases On Equity Jurisdiction volume 1?
You can find similar books in the "Read Also" column, or choose other free books by Keener, William A. (William Albert), 1856-1913 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Parliament is, no doubt, at liberty to take a higher view upon a bal- ance struck between private rights and public interests than this court can take. But with respect to the suggested absence of value ^ of the land in its present situation, it is enough to say that the very fact that no interference of this kind can lawfully take place without his consent, and without a bargain with him, gives his interest in this land, even in a pecuniary point of view, precisely the value which that power o...f veto upon its use creates, when such use is to any other per- son desirable and an object sought to be obtained. Besides which, I am not prepared to accede to the i)roposition that it is an unneigh- borly proceeding in a man, whose motive for desiring to prevent a particular act may be collateral to the interest in his land — such, for instance, as his being a proprietor of waterworks which may be in- jured by the proposed use of it, — to say to his neighbor who wishes to compete with him in that business, "You are perfectly at liberty to enter into competition with me as a seller of water to the public of Ramsgate in any lawful manner ; but you are not at liberty to take my land without my consent for the purpose of competing with me, and I shall object to your doing so " In that, I confess, I see nothing unneighborly whatsoever.
What to read after A Selection of Cases On Equity Jurisdiction volume 1?
You can find similar books in the "Read Also" column, or choose other free books by Keener, William A. (William Albert), 1856-1913 to read onlineMoreLess
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