Defendant Marian Whipple (hereinafter defendant) and her deceased husband, Perry Whipple, owned a large tract of land along the Hudson River in the Town of Moreau, Saratoga County, which they subdivided. John Martel purchased two lots and in 1960, constructed a water collection and supply system on defendant's land which drew water from a natural spring and piped it to the camp he built on his property. It appears that this system was in continual...
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