Reports Of Cases Determined In The Supreme Court Of The State Of Colorado (volume 1)

Paperback | January 18, 2012

byColorado. Supreme Court

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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. 1872. Excerpt: ... sity, and that the party was not liable in trespass for using it. In the case of Stiyder v. Warford, 11 Miss. 613, the court held that a right of way of necessity exists in all cases in which an individual owns land surrounded by other lands excluding it from any public highway, and the case is made to rest upon the good and salutary principle that the right of a man in the use of his property is restricted by a due regard to the equal rights of others. The judge says: "It would seem to be no more than a principle of natural justice that his right of way should exist, although its existence may, to some extent, interfere with the absolute dominion of the coterminous proprietors. If not a principle of natural law, it is at least one which could not long be omitted in the code of a civilized people." See 3 Kent's Com. 423, marginal; Holmes v. Seely, 19 Wend. 506; Capers v. Wilson, 3 McCord, 170; Cook v. Wearing, 27 K Y. 306. I am fully aware that courts should be slow to justify their decisions on the ground of necessity; but I am equally conscious of the fact that they will betray their trust if, in the administration of law or in the expounding of constitutional principles, they shut their eyes and refuse to recognize those conditions of society which call into force and operation principles whose existence and recognition cannot be disregarded without bringing ruin on all. As has been well said by another, the law is not a system marked by folly, based on bald sentences, without reason; it is a grand code, founded on the necessities of men, erected by mature judgment, gradually expanding in beneficence and wisdom as time progresses, and regulating with care the interests of society and civilization. And so believing, I think the instructions given were e...

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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. 1872. Excerpt: ... sity, and that the party was not liable in trespass for using it. In the case of Stiyder v. Warford, 11 Miss. 613, the court h...

Format:PaperbackDimensions:222 pages, 9.69 × 7.44 × 0.47 inPublished:January 18, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217255442

ISBN - 13:9780217255448

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