Hudson

This action was brought to enjoin the defendant from interfering with an easement in the nature of a right to take water from the water-mains of the defendant by attaching thereto a half-inch pipe and conducting it to the real property described in the complaint, consisting of two separate lots of land.

There are two counts in the complaint, the first of which describes said water right as being appurtenant to said two lots of land, and the second of which describes it as real property belonging to the plaintiff in which the defendant claims an adverse right asserted to be unjust and without right.

The judgment of the court awarded to plaintiff and declared to he appurtenant to said two lots of land “so much of the water of the defendant corporation as may now or hereafter at any time flow in or through their aqueducts, reservoirs or pipes as may or can be conveyed in, through or by a pipe or aqueduct one-half inch in diameter in the amount of seven thousand five hundred gallons per day of twenty-four hours from the 1st day of May to the 1st day of November of each year, and in addition thereto a sufficient quantity for domestic use in and about the dwelling house and other…