Ainsworth v. Stone
Supreme Court of Vermont
Chancery. Upon pleadings and findings in an action at law, that were by agreement treated as the report of a special master, at the December Term, 1900, Rutland County, Tyler, Chancellor, a decree was rendered, pro forma and without hearing, dismissing the bill. The orator appealed.
1Opinion of the CourtStart, J.
The orator asks to- have established a right to continue to take water from a spring situate on the defendant’s land, and for an injunction restraining the defendant from interfering with such right and from prosecuting actions at law based on such taking.
It appears that some forty-five years ago-, when Elias W. Kent, the defendant’s father, owned the land on which the spring is situated, one Batcheller laid pump-logs from the spring to his premises and thereby conducted water to his dwelling-house; that the defendant’s father deceased in 1883, and she then became the owner of the land. In…
2Cases cited4 opinions
- Linsley v. LovelySupreme Court of Vermont · 1853
- Clark v. GliddenSupreme Court of Vermont · 1887
- Paine v. McDowellSupreme Court of Vermont · 1898
- Allen & Small v. FiskeSupreme Court of Vermont · 1869
3Cited by12 opinions
- Berry v. BrunsonSupreme Court of Georgia · 1928
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
- Comstock's v. JacobsSupreme Court of Vermont · 1911
- Dee v. KingSupreme Court of Vermont · 1905
- Cowles v. Cowles' EstateSupreme Court of Vermont · 1908
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