Willets v. Langhaar
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on October 22, 1908, and afterwards amended, praying that the defendant be enjoined from taking water from a spring on his property in New Marlborough which the plaintiff claimed a right to use to the exclusion of the defendant, and that the defendant be ordered to remove a two inch pipe which he had inserted in the spring and to replace a three quarter inch pipe which formerly had been there, to take up a one and a half inch pipe…
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Bill in equity, filed in the Superior Court on October 22, 1908, and afterwards amended, praying that the defendant be enjoined from taking water from a spring on his property in New Marlborough which the plaintiff claimed a right to use to the exclusion of the defendant, and that the defendant be ordered to remove a two inch pipe which he had inserted in the spring and to replace a three quarter inch pipe which formerly had been there, to take up a one and a half inch pipe which, for the purpose of conducting the water under a highway to his house at a distance, he had laid within a part of…
1Opinion of the CourtRugg, C. J.
The defendant’s predecessor in title in' 1855 conveyed by deed to James H. Peak and his heirs and assigns “the right to the use of the water from the two springs situated in the meadow ... after supplying the two houses, to which logs are now laid, from the large spring, with water necessary for domestic purposes. And also after supplying water necessary for domestic purposes at my dwelling house and barn-yard . . . and the said Peak is to have the privilege of carrying the water, as *575now carried, ... to Ms house and tannery, with the privilege of the right to repair the same.” The plaintiff…
2Cases cited19 opinions
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- McDonough v. O'NielMassachusetts Supreme Judicial Court · 1873
- Dean v. EmersonMassachusetts Supreme Judicial Court · 1869
- Dennis v. WilsonMassachusetts Supreme Judicial Court · 1871
- Kershishian v. JohnsonMassachusetts Supreme Judicial Court · 1911
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3Cited by53 opinions
- Boston & Albany Railroad v. ReardonMassachusetts Supreme Judicial Court · 1917
- Stevens v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1914
- Boston Elevated Railway Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1942
- Parsons v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Dubinsky v. CamaMassachusetts Supreme Judicial Court · 1927
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