Cases Argued and Determined in the Court of Common Pleas and in the Exchequer Chamber from 1856 [To 1865] (Volume 13) - Tapa blanda

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866. Excerpt: ... surface of the adjoining land. Vide 10 C. B. N. S. 268 (E. C. L. R vol. 100). The case was argued in the Exchequer Chamber, before Wightman, J., Bramwell, B., Channell, B., Blackburn, J., and Wilde, B. David Keane (with whom was Bulwer), for the plaintiff in error, urged substantially the same arguments which he had presented in the Court below. He cited the following authorities:--Gale on Easements, 3d edit. 198; Viner's Abridgment, Nusance (G), pi. 19; Trahern's Case, Godbolt 233; Anonymous, Winch R. 3; Rolle's Abridgment, Triall, pi. 23; Roberts v. Macord, 1 M. & Rob. 228:3 Codex, tit. 34 (De Servitutibus), div. 14, par. 1; Baten's Case, 9 Co.. Rep. 53 b; Davis v. Walton, 8 Exch. 153;f Wright v. Williams. 1 M. & W. 77;f Elliotson v. Feetham, 2 N. C. 134 (ET. C. L. R. vol. 29), 2 Scott 174; Humphries v. Brogden, 12 Q. B. 739 (E. C. L. R. vol. 64); Chasemore v. Richards, 7 House of Lords Cases 349; and the 2 & 3 W. 4, c. 71, s. 2. blackburn, J., referred to Moore v. Rawson, 3 B. & C. 332 (E. C. L. R. vol. 10), 5 D. & R. 234 (E. C. L. R. vol. 16) Channell, B., referred to Goodman v. Gore, Vin. Abr., Nutans (N. 2), pi. 6. 84"1 Cuch (with whom was G'Malley, Q. C), contra, was not J called upon. Cur. adv. trait Wightman, J., now delivered the judgment of the Court:--We took time for the consideration of this case on account of its novel character. It appears by the finding of the arbitrator to whom the case was referred by order of Nisi Prius, that the plaintiff was the owner and occupier of a windmill built in 1829; that, from the time of its being built, down to 1860, the occupier had enjoyed as of right and without interruption the use and benefit of a free current of air from the west for the working of the mill; that, in the last-mentioned year, 1860, ...