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LAKE BARCROFT ESTATES v. McCAW

93 S.E.2d 124 (1956)

198 Va. 242

LAKE BARCROFT ESTATES, Incorporated, et al., v. William J. McCAW, Jr.

Supreme Court of Appeals of Virginia.

June 18, 1956.

Attorney(s) appearing for the Case

Armistead L. Boothe, Alexandria (Boothe, Dudley, Koontz & Boothe, Alexandria, on brief), for plaintiffs in error.

David L. Carpenter, Arlington (Ryland, Winston & Carpenter, Arlington, on brief), for defendant in error.

Before HUDGINS, C. J., and EGGLESTON, BUCHANAN, MILLER, SMITH and WHITTLE, JJ.

WHITTLE, Justice.

William J. McCaw, Jr., hereinafter called McCaw, sued Lake Barcroft Estates, Inc. and Barcroft Lake Shores, Inc., hereinafter called Barcroft, alleging that on May 5, 1953, there was a flooding of Holmes Run; that McCaw's real estate and personal property were damaged by the deliberate and wilful opening of flood gates by Barcroft, which released more than the normal flow of water over the dam and caused the damage complained of.

Barcroft...

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