Mayor of Dover v. Richardson & Boynton Co.

The opinion of the court was delivered by

Parker, J.

The action is in tort. The first count in the declaration charges in substance that the defendant, having a manufacturing plant at Dover, which was connected by a branch pipe with a main water pipe of the Dover water plant, the flow of plaintiffs water through said branch pipe being prevented by a valve or gate, the defendant, well knowing the premises, without the license or consent of the plaintiff, but contriving and fraudulently intending to deceive, injure and defraud the plaintiff of large quantities of water and the value thereof, * *…