Owen v. Field
Massachusetts Supreme Judicial Court
Bill in equity filed November 2,1866, setting forth that the plaintiff was owner of a house and land in Stockbridge, and also of four springs on land of the defendant, and that she had a right to have the water from these springs conducted by an aqueduct across the defendant’s land to her house; but that the defendant had destroyed the aqueduct and prevented the plaintiff from exercising her said right, doing her irreparable injury.
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Bill in equity filed November 2,1866, setting forth that the plaintiff was owner of a house and land in Stockbridge, and also of four springs on land of the defendant, and that she had a right to have the water from these springs conducted by an aqueduct across the defendant’s land to her house; but that the defendant had destroyed the aqueduct and prevented the plaintiff from exercising her said right, doing her irreparable injury. The prayer was for the restoration of the plaintiff’s right, for an injunction and for general relief. The answer denied the plaintiff’s right and also that she…
1Opinion of the CourtAmes, J.
Upon the attempt to draw up the final decree in this'case, it was suggested that there were a few points which seemed to have been left by the judgment not entirely free from controversy, and it has been thought expedient, as to those points, to hear further argument from counsel.
It appears from the master’s report that the aqueduct, as used by Stanton, conducted water from two springs only; and that the plaintiff, since the dispute between these parties began, has taken the water of two other springs into her aqueduct. The defendant now objects that it does not appear that these two springs…
2Cases cited1 opinion
- Smyles v. . HastingsNew York Court of Appeals · 1860
3Cited by36 opinions
- First Universalist Society of North Adams v. BolandMassachusetts Supreme Judicial Court · 1892
- Commercial Wharf East Condominium Ass'n v. Waterfront Parking Corp.Massachusetts Supreme Judicial Court · 1990
- Willets v. LanghaarMassachusetts Supreme Judicial Court · 1912
- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1878
- Walker Ice Co. v. American Steel & Wire Co.Massachusetts Supreme Judicial Court · 1904
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