Betterment Worsement And Recoupment With a Note On Betterment in America
Betterment Worsement And Recoupment With a Note On Betterment in America
Arthur a Arthur Anthony Baumann
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The owner or lessee of the ' Five Bells ' got compensation because he had a right of access to the river and the bridge over the river, which was cut off, with consequent damage to his trade. But his loss of custom was the measure of his damage, not the ground of it, which was the interference with his legal right, for which he might have brought an action in a court of law. The House of Lords has also decided that the words "by the execution of the works" mean the construction, and not the use...r, of So BETTERMENT, WORSEMENT, RECOUPMENT. the works. If, for instance, a railway is built in front of a man's house, and he can prove that his house is injured by the vibration, or his garden by the smoke, of a contractor's engine used to bring up ballast or materials for the construction, he would get compensation. But for the daily vibration and smoke of the trains running on the completed line he would get no compensation, as that would be damage from user. Or aofain, a bridp-e is built along- side of a ferry, which is ruined.
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