Hyde Park Town v. Chambers

PRATT, Justice.

Hyde Park Town sought condemnation of a right of way for piping water over the Weeks’ Chambers’ tracts of lands. These lands lie outside the town. The Weeks and the Chambers contested the suit on the ground that the Town already had the right of way, and was merely seeking to cut off their tap rights in the Town’s pipe line and water; that the tap rights were the consideration for the granting of the right of way. The lower court denied the condemnation. Upon the counterclaim of Weeks and Chambers it granted them a perpetual right to 300 gallons of water per day. This was to…