The Public Conscience; Social Judgments in Statute And Common Law
The Public Conscience; Social Judgments in Statute And Common Law
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To quickly assess the difficulty of the text, read a short excerpt:
'' So use thine own as not to injure what is another's. " The whole difficulty lies in its application; and the principle of eminent domain would seem to indicate that the English law would yield if once the public interest grew sufficiently strong, whatever the prescriptive right of the individual might be. An examination of practice in England during the recent war would doubtless support my contention, but there is no access to such records under present conditions.
1 There is a difference i...n principle between English and Ameri- can decisions on this point. Light and air are held to become private property by easement in England. In America this prin- ciple has been denied. Cf. Ely, op cit. , p. 113.
2 This case has been greatly abridged.
244 THE PUBLIC CONSCIENCE ST. HELEN'S SMELTING CO. V. TIPPING House of Lords, 1865 (Reported 11 H. L. C, 642. ) This was an action brought by the plaintiff, Tipping, to recover damages for injuries done to his trees and crops by their works. The damage was done by noxious gases, vapors, etc.
What to read after The Public Conscience; Social Judgments in Statute And Common Law?
You can find similar books in the "Read Also" column, or choose other free books by George Clarke Cox to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
'' So use thine own as not to injure what is another's. " The whole difficulty lies in its application; and the principle of eminent domain would seem to indicate that the English law would yield if once the public interest grew sufficiently strong, whatever the prescriptive right of the individual might be. An examination of practice in England during the recent war would doubtless support my contention, but there is no access to such records under present conditions.
1 There is a difference i...n principle between English and Ameri- can decisions on this point. Light and air are held to become private property by easement in England. In America this prin- ciple has been denied. Cf. Ely, op cit. , p. 113.
2 This case has been greatly abridged.
244 THE PUBLIC CONSCIENCE ST. HELEN'S SMELTING CO. V. TIPPING House of Lords, 1865 (Reported 11 H. L. C, 642. ) This was an action brought by the plaintiff, Tipping, to recover damages for injuries done to his trees and crops by their works. The damage was done by noxious gases, vapors, etc.
What to read after The Public Conscience; Social Judgments in Statute And Common Law?
You can find similar books in the "Read Also" column, or choose other free books by George Clarke Cox to read onlineMoreLess
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