Chesley v. King
Supreme Judicial Court of Maine
On report, on motion to set aside the verdict, from superior ■court. The writ is dated October 6, 1880 ; in it the plaintiff alleges that on October 12, 1863, he was the owner of a certain farm, of ninety acres in Mount Yernon, and on that day sold the plaintiff ten acres therefrom, on which there was a valuable spring of living water so elevated and situated that the water from the same would run and could be conducted and conveyed in pipes to his dwelling, barn and…
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On report, on motion to set aside the verdict, from superior ■court. The writ is dated October 6, 1880 ; in it the plaintiff alleges that on October 12, 1863, he was the owner of a certain farm, of ninety acres in Mount Yernon, and on that day sold the plaintiff ten acres therefrom, on which there was a valuable spring of living water so elevated and situated that the water from the same would run and could be conducted and conveyed in pipes to his dwelling, barn and pasture, and that in the conveyance he expressly reserved the right and privilege of taking and drawing-water from the spring…
1Opinion of the CourtBarrows, J.
Damages were claimed by the plaintiff for two acts of the defendant alleged to be wrongful and injurious. I. The cutting off in August, 1879, of certain aqueduct logs lying in the defendant’s land and leading from a spring at which the plaintiff had the right and privilege of taking and drawing water by an aqueduct, which aqueduct plaintiff alleges he put into the spring in 1870, for the purpose of supplying his premises. II. The digging a well in the defendant’s land above said spring with the malicious intent of cutting off the sources of supply from said spring, the result of which was…
2Cases cited10 opinions
- Walker v. CroninMassachusetts Supreme Judicial Court · 1871
- Roath v. DriscollSupreme Court of Connecticut · 1850
- Phelps v. . NowlenNew York Court of Appeals · 1878
- Panton v. HollandNew York Supreme Court · 1819
- Trustees & Inhabitants of Delhi v. YoumansNew York Supreme Court · 1867
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3Cited by17 opinions
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- Beardsley v. . KilmerNew York Court of Appeals · 1923
- Case v. HoffmanWisconsin Supreme Court · 1898
- Dunshee v. Standard Oil Co.Supreme Court of Iowa · 1911
- Huber v. MerkelWisconsin Supreme Court · 1903
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