Fort Edward Water Works Co. v. McIntyre — 21 N.Y. St. Rep. 981

Majority

p. 981

THE FORT EDWARD WATER WORKS CO., App’lt, v. MARGARET McINTYRE et al., Resp’ts.

Headnote

Water rights—Computed to those gives by deed.

Appeal from a judgment entered on the decision of a judge at special term. The action was brought to recover damages for the tearing up and breaking the plaintiff’s water pipes running through lands of defendants, and for an injunction restraining future interference.

In 1870, defendant gave plaintiffs a deed of certain lands and water rights. Plaintiffs went into possession of these rights and laid a line of pipe. In 1886, they again entered on defendant’s lands and laid another line, but on a different course

F. A. Bmtt, for app’lt; M. 3. O’Brien, lor resp’ts

The meaning of the deed is obvious. The plaintiff acquired a right to lay pipe along the line definitely described therein by courses and distances and not elsewhere.

Nor was any right to lay pipe elsewhere acquired by the conversations between Qua and McIntyre; certainly no right which could not be revoked at any time.

The judgment is affirmed, with costs.