Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-05-17
N, |, Lancaster. vs.. Au-
gusia Water District,
The Complaint Alleges Trespass
on Land in Winthrop.
Temporary Injunction Granted by Judge Spear
and Subpoenas Served on Several.

Through her counsel, Orville d.
Baker and Benedict F. Mahcr of this
city, Mary 1. Lancaster. both individ-
ually and in the capacity of trustee.
has filed bill of complaint against the
Augusta Water District and others,
petitioning the Supreme judicial court
Of Maine to issue an injunction re-
straining the defendants. their agents
and employees, from continuing to
trespass upon property owned by the
plaintiff in Winthrop.
Associate Justice A. NJ. Spear has is
sued temporary injunction, pending a
hearing upon the merits of the case
and subpoenas for the several de-
PENDANTS have been served.
The following has been issued by or
der of the court:
state of Maine.
Kennebec, S. s.
To the Augusta Water District, 4
corporation organized under the laws
Of the State of Maine. with usual place
of business at Augusta in said county,
the Frank Z. Lee Company, corpora
ton organized under the laws of the
State OF Maine. with usual place of
business at said Augusta. Frank Z.
Lee and William r. Getchell. both of
said Augusta. Greeting: We command
you that you appear before our Su-
preme judicial court. next to be holden
at Augusta within and for the county of
Kennebec. on the first Tuesday of June
next, then and there to answer tn a
bill of complaint exhibited against you
by Mary !. Lancaster Of said Augusta,
both individually and i'm her capacity
as trustee, and to do and receive what
our said court shall then and there
consider in that behalf. And we COM
mand you, and each of you. to file with
the clerk of said court within 80 days
after the return day hereof. your de-
murrer, plea or answer to said bill.
Hereof fail not, under the pain and
penalties OF the law in that behalf pro-
vided.
Witness. Andrew p. Wiswcll chief
justice of our said court, the 18th day
of May. in the year of our Lord. one
thousand. nine hundred and six.
c. w. JONES. Clerk.
The bill is brought by the plaintiff
against the several defendants in
equity. The plaintiff asserts that she
is now owner in fee of a certain parcel
Of land located in the town of Win
throp in this county. known as the
Lancaster lot, and situated about x
mile on the main road from Winthrop
village. The land is fully described in
the complaint. 1t is set forth that
running through this land there is a
long. narrow strip of land which is
owned by the defendant water district
corporation fo~ the maintenance of a
nj i'm in tbnf IF r,I
ton. In the complaint. unlawful
trcspass over the adjacent land owned
by the plaintiff. by the several de-
PENDANTS is alleged. The plaintiff al
legcs that she has suffered irrcpardblc
damage because the defendants have
unlawfully and without acquiring any
title right or easement, by legal pro-
ccedings or otherwise. in. or to, or over
said land repeatedly and continuously
entered upon said land since the first
day of January. 1906, and threaten con-
tinuously to do so. 1t is set forth
that it has been the habit Of the Sow
cral defendants, their agents and scrv-
ants to cross the land. breaking new
roads and paths. injuring the grass,
trees and otherwise causing damage to
the property. and the plaintiff further
asserts that It has come to her knowl-
edge that 1t is the intention of the S"v
eral defendants to continue To trcSpass
in the manner above set forth. for sew
Cral months longer.
The plaintiff AYERS that in as much
as she is rcmcdylcSs except in equity.
and to prevent irrcparablc injury and
the vexatious multiplicity of suits. the
plaintiff prays:
First, that tho defendants. each of
them. may be cnioincd both by tenn
porary and perpetual injunction from
manner. any part of the land above
described belonging to the plaintiff.
unless said entry or use thereof shall
he first asscntcd to by the plaintiff un-
der terms and conditions mutually
agreed to.
Second. that the plaintiff NAV have
such other and further relief as the
nature ot the case shall require, and to
the ccdrt shall seem meet. and the
court is asked to issue it's subpocna to
the several defendants named in the
bill.
The subrocnas were issued ana
served upon the several defendants
and bonds in the sum of 5000 were
furnished by the plaintiff as is re.
quired by law. The suretics wcre
John Couhglin and stephen s. I.ancas-
ter.