implied obligation
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 82 U.S. 500 - Holyoke Company v. Lyman · 1872Most cited · 113 citing opinions
All persons...who may build a dam for mill purposes, on a stream annually frequented by fish, do it under an implied obligation to keep open sufficient sluices and fishways for the passage of fish at the proper seasons, and that the grant of the right to erect a dam, if made by the legislature, is to be construed to be under the same implied condition to keep open the fishways, unless such implication is excluded by an express provision exempting the grantees from such an obligation.