Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-09-14
AN INJUNCTION
Continued from page IL

upon the north and a walk was hu,lt
from the same across said park to Elm
street;
>. That the plaintiffs husband
purchased said house and lot in 1896
for the sum of $4,000 and since then ba c
expended about $4,000 in it's jmnrove-
ment as home for himself and family
and he was led to purchase the same
and make said Improvements bv reason
Of the location of the same. and tbe
fact that it adjoined said park and
commanded an unobstructed view of
the entire area of said park: that said
real estate was conveyed to the plaint-
if by her husband December d 1902
G. That the city council of Water
VILE, by an order which was passed nv
both of its branches and approved Nv
the mayor of said city on July I. 1903.
voted to erect a public library building
upon said park, and appointed as
committe to contract for and slner-
intend the erection of said buiIding.
the mayor of said city for the current
year, Cyrus w. Davis, Charles II.
carton and Fred Pooler, two mem
bcrs of its present board of aldermen,
Arthur Daviau, Augustus Marshall
and Leslie p. Loud, three members of
it's present common council. and
three members OF the board Of trustees
of the Watervile Free Library Associ-
alton to be selected by the other mem
bers of said committee, and s. S.
Brown, George Fred Terry and Frank
Redin9tOn were selected from said
trustees to serve as members of said
committee 10 be known as the Carnegie
Free library Committee.
And said committee by said vote of
the said city council was instructed
to erect said library building upon such
Il portion of said park as they might
select as Il site for the same.
{. That said committee has selected
as n site for said library building Il
portion Of said park next east Of the
plaintiffs house. and have caused the
Same to be marked by stakes; that the
westerly wall of said building as locat-
cd by said stakes will be distant about
e feet from the plaintiffs easterly line
and about 80 feet from her house, and
will extend further both toward the
north and the south than the plaintiff s
house so that the view of said park
from said house toward Elm and Park
streets except for n small portion OF
the latter street will be entirely cut
off, and said house by the erection of
said library building wifi be deprived
of the free access of light and air
across said park. and said view and
said free access of light and air con-
house Ond lot.
s. That if said library building Is
erected upon said park, the value of
the plaintiffs said house and lot will
be greatly deprecated and irreparable
injury will be suffered by her.
.. That said committee ON behalf of
the city of Waterville. have entered
into contract with Horace Purinton
and Amos L. .Purinton, copartners
under the firm name OF Horace Purin-
ton and Company to crcet said library
building upon the site selected by them
upon said park. in accordance with
plans and specificatiO which have
been prepared for the same by ar
architect hired by said committee, and
said firm is preparing to execute sai6
contract.
Whereas, inasmuch rs she is remed-
less at law the plaintiff prays that saiG
defendants. their servants, and, agent
may be onioincd by q temporary ans
perpetual injunction from erecting sait
library building upon said park, an6
Chat The plaintiff may have such othe1
and further relief as the case may re
auire and to this court may seem noe
essary.
:''' H. HARRTETT P WARE.
Kcnnehec ss.-Suprcme Judicial Court, in
vacation. sitting in equity
Harriet p Ware VS.. Cyrus w. Davis and
others.
The answer of Cyrus w. Davis Charles
H. Barton. Fred Pooler, Arthur Daviau.
Augustus Marshall. Leslie =. Loud, S. S.
Brown, George Fred TORY. Frank Red
ngton. Horace purinton and Amos r.
Purinton. defendants to the bill of COM
plant of Harriet L. Ware, the complain
ant.
These defendants now and Mt all times,
sowing and rcscrving all rights Of oXccp-
ton to the numerous errors and impcrfec-
lions in the plaintiffs bill of complaint.
say:
Tirst-Thcy have no knowledge whether
or not The plaintiff owns the real estate
which in her sail bill of complaint she
alleges that sh" owns and will insist upon
hcH proving the same.
Second They admit that thccrr IL next
last Of said lot of land, claimed ~ the
plaintiff in her bill As her own. 4 parcel
of land, sometimes called Monument
park. containing about ~ acres which is
owned by he city Of Watcrville under a
decd given to the town of Watcrvilo near
~ 100 years ago, n portion of which for
many years was used as Il hlnying ground
but which for many years last past has
not been so used. They deny that all
bodies which We're there buried ha We been
removed. but many said bodies still re-
main.
Third-Thcy admit that same years ago
a soldiers monument. by vote OF the
town of Watervill". was allowed to he
erected on said lot of land. and on several
occasions the grass around said monu-
mcnt has been cut at the request of the
city of Watorvilc.
Fourth-They deny that said LOT Of land
has yer by any vote of said city or town
of WatcrHillc or by its municipal officers
or in any other way. been dedicated or
laid out as n public park.