British Ruling Cases from Courts of Great Britain, Canada, Ireland, Australia and Other Divisions of the British Empire, Extensively Annotated (Volume (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1915 Excerpt: ... Application by plaintiff for judgment or a new trial in an action tried by Walton, J., with a jury. The action was for trespass, claiming an injunction to restrain the defendant from wrongfully entering upon the plaintiffs premises for the purpose of drawing water at a pump situate thereon, and damages. The defendant in his defense, inter alia,1 pleaded that he had acquired a prescriptive title to the use of the pump by forty years' user under 2 of the prescription act 1832, and he counterclaimed for a mandatory injunction to the plaintiff directing him to remove an obstruction erected by him to prevent the defendant's access to the pump, and for damages for disturbance of his easement. The plaintiff occupied premises in Longtown, Cumberland, 458 as assignee of a lease of them for ninety-nine years granted by Sir James R. J. Graham, of Netherby, in July, 1850. The defendant occupied adjoining premises as assignee of a lease of them for ninety-nine years granted by Sir James R. J. Graham in January, 1850. There was a pump situated on the plaintiff's premises in reference to which the dispute between the parties arose. In answer to a question left to the jury by the judge, they found that, for the period of forty years before the commencement of the action, the pump had been used as of right by the occupiers of the defendant's premises. During that period the reversion in fee upon the leases, of which the plaintiff and the defendant were respectively assignees, had been in the same person. The learned judge held, on the authority of Harris v. Be Pinna (1886) 33 Ch. D. 238, 50 J. P. 486, 54 L T. N. S. 770, 56 L. J. Ch. X. S. 344, that the defendant had acquired a right to the use of the pump as against the plaintiff under 2 of the prescription ac...