Synopsis of Lectures On Fixtures And Easements for the Junior Span Classsearc
Synopsis of Lectures On Fixtures And Easements for the Junior Span Classsearc
Bradley Martin Thompson
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, 410. ' Wood V. Waiid, ;; Kxch. , 748. Williiiius V. (}ale, ,'{ JI. & J. , 2. '?!. IJellowH V. Sackett, 15 IJarb. , 90, lOU. And it is also llie }j;eneral rule, that the url)an owiut may impfDVi' his land l)y liliiii. Ii in the same, even if thereby lie (lanses water lo How and remain npon otlier lands to their dama<;e. Flog}? V. Worcester, 13 Gray, 001. Ut-ntz V. Armstrong, 8 W. & S. (Pa. ), 40. Bowlesby v. Speer, 31 N. J. L. , 351. A contrary rnle, however, prevails in Illinois. The nrban ow...ner is not permitted to till in low land and tinis throw surface water upon the lands of an ailjoinin^ pro- prietor. Gorinley v. Saiifonl, Wl 111, I'jS. Gillham v. Madison, etc. , 49 111. , 484. While there is considerable contlict of authority upon this subject, nearly all the courts are agreed, that if the acts complained of and which have caused the damage were not done in good faith by the defendant, and for the purpose of improving his property, he will be held liable. He is not permitted wantonly and miscluevonsly to tlood his neighl)or\s land.
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