Kemp v. Owego Water Works

Defendant has appealed from a final judgment of the Tioga Trial Term of the Supreme Court enjoining and restraining it from shutting off water here*850tofore furnished to plaintiffs’ premises. Prior to 1902, Eliza Brink was the owner of six acres of land in the village of Owego, New York. The house, barn, greenhouse and fountain were supplied with water from a reservoir located on the premises. On December 27, 1902, Eliza Brink deeded a portion of the premises to defendant for a consideration of $250. After describing the portion conveyed, the deed stated: “ Provided always, that in the event of…