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Light

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

The right to the free access of the sun's rays to one's windows. A species of easement; spoken of as "the right to light and air," also as "ancient lights:" because the possessor must have enjoyed them for at least twenty years before dlaiming the right. At common law, light belongs to the first occupant during the time he holds possession. In England, this doctrine is still recognized, the right arising by prescription, or from an express or implied grant. In this country, the doctrine has been repudiated; at most, the right can be acquired only by express grant. • See Bay-window; Occupancy. False light.

See Wreck; Yacht. ■ United States v. Crulkshank, 92 U. S. 554-55 (1875); Bank of Columbia v. Okely, 4 Wheat. 324 (1819). »2 Bl. Com. 130. >\ B!. Com. 292. ' See Story v. Odin, 12 Mass. '160 (1815), cases; Swansborough V. Coventry, 9 Bing. (23 E. C. L.) 593-94 (1832),, LIGHTNIH-a.

A policy of insurance which provides that the insurer shall be liable for fire by lightning, does not cover damage where there is no ignition. i A tornado, due to electrical disturbance, and causing results like those produced by lightning, may be "lightning; " and expert testimony is receivable that lightning accompanying a tornado was the proximate cause of a loss.'' Where a horse is described in a policy against fire, to which is attached a clause of indemnity against lightning, " as contained in " a specified building, the animal need not be kept in the building all the time: it may be pastured in an adjoining field, and, if killed there by lightning, the insurance is recoverable.^