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" Every right, from an absolute ownership in property, down to a mere easement, is purchased and holden subject to the restriction, that it shall be so exercised as not to injure others. "
Reports of Cases Argued and Determined in the Supreme Court: And in the ... - Page 597
by Esek Cowen, New York (State). Supreme Court - 1837
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The Pacific Reporter, Volume 198

Law reports, digests, etc - 1921 - 1152 pages
...absolute ownership of the soil, or in the uncertain form of an evanescent license, must be exercised subject to the restriction that it shall be so exercised as not to Injure others. The language of the conveyance received by the plaintiff contemplates that the city as the proprietor...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 100

Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1922 - 870 pages
...absolute ownership of the soil, or in the uncertain form of an evanescent license, must be exercised subject to the restriction that it shall be so exercised as not to injure others. The language of the conveyance received by the plaintiff contemplates that the city as the proprietor...
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The Reasonableness of the Law: The Adaptability of Legal Sanctions to the ...

Charles William Bacon, Franklyn Stanley Morse - Common law - 1924 - 424 pages
...to which it is limited being regarded and treated as a nuisance, when it becomes so in fact. . . . Every right, from an absolute ownership in property, down to a mere easement [right to use property for some purpose such as a pathway], is purchased and holden subject to the...
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A Selection of Cases on the Law of Municipal Corporations

Charles Wesley Tooke - Municipal corporations - 1926 - 1392 pages
...the citizens, generally, it would strike at 464 POWERS the very foundation of all police regulations. Every right, from an absolute ownership in property,...it shall be so exercised as not to injure others. Stuyvesant v. The Mayor, &c., of New York, 7 Cowen, 605. Baker v. The City of Boston, 12 Pickering,...
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The Law of Municipal Corporations, Volume 3

Eugene McQuillin - Corporation law - 1928 - 1036 pages
...the very foundation of the power to govern, that is, all police regulations. It is elementary that every right from an absolute ownership in property down to a mere easement therein is purehased and held subject to the restriction that it shall be exereised so as not to injure,...
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Corpus Juris: Being a Complete and Systematic Statement of the ..., Volume 11

William Mack, William Benjamin Hale - Law - 1917 - 1286 pages
...an arbitrary or unreasonable manner,2" or in such a manner as to be discriminatory the time it may be remote and inoffensive, the purchaser is bound...people In Its vicinity, and that It must yield to laws for the suppression of nuisances. If conditions or covenants, appropriating land to some particular...
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Corpus Juris: Being a Complete and Systematic Statement of the ..., Volume 11

William Mack, William Benjamin Hale - Law - 1917 - 1280 pages
...of property. Every right, from an obsolute ownership down to a mere easement, is purchased and held subject to the restriction that it shall be so exercised as not to Injure others. Though at CEMETERIES [11 С. J.] 51 porate charters under which lands are held for burial purposes,13 although...
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The People's Welfare: Law and Regulation in Nineteenth-century America

William J. Novak - Reference - 1996 - 412 pages
...private property in the city, as to prevent its proving pernicious to the citizens generally. . . . Every right, from an absolute ownership in property,...restriction, that it shall be so exercised as not to injure others."129 The New York cemetery regulation summarily abolished vested rights, annulled previous covenants,...
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Property Rights: From Magna Carta to the Fourteenth Amendment

Bernard H. Siegan - Law - 356 pages
...can it make any difference that the right is purchased previous to the passage of the by-law ... for [e]very right, from an absolute ownership in property,...is bound to know, at his peril, that it may become otherwise.163 The Coates court, however, was not talking about all retroactive applications of all...
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The American City, Volume 34

Arthur Hastings Grant, Harold Sinley Buttenheim - Cities and towns - 1926 - 772 pages
...a policing regulation and not a law impairing the obligation of a contract. The Court declared that "every right, from an absolute ownership in property, down to a mere easement, is purchased and held subject to the restriction, that it shall be so exercised as not to injure others." The police...
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