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TRZECIAKIEWICZ v. ZUKOSKI

6 N.J. Super. 577 (1949)

70 A.2d 199

BENJAMIN TRZECIAKIEWICZ AND JULIA TRZECIAKIEWICZ, PLAINTIFFS, v. AGNES ZUKOSKI AND STEVE ZUKOSKI, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided December 30, 1949.

Attorney(s) appearing for the Case

Messrs. Dolan & Dolan (Mr. Francis E. Bright) for the plaintiffs.

Mr. Robert B. Meyner for the defendants.

FREUND, J.S.C.

The defendants have moved for a trial by jury drawn from Warren County. The plaintiffs deny defendants' right to such a trial.

The parties are adjoining owners of lands in Warren County. The plaintiffs seek an injunction to restrain the defendants from interfering with the flow of water from ditches on defendants' premises basing their right to divert the water on one of two grounds: (a) that their deed includes the grant or (b) as an easement...

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