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ARMSTRONG v. FRANCIS CORP.

20 N.J. 320 (1956)

120 A.2d 4

DAVID K. ARMSTRONG AND MARY JANE ARMSTRONG, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. THE FRANCIS CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT, AND GEORGE O. KLEMP AND C. KLEMP, HIS WIFE, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided January 16, 1956.

Attorney(s) appearing for the Case

Mr. Samuel A. Larner argued the cause for appellant (Messrs. Gruen & Goldstein, attorneys; Mr. Larner, of counsel).

Mr. David K. Armstrong argued the cause for plaintiffs-respondents.

The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.

The Chancery Division, after trial, entered a final judgment against the defendant, the Francis Corporation. Francis appealed to the Appellate Division, and we certified the appeal here on our own motion.

A small natural stream rose in Francis' 42-acre tract, which lies immediately south of Lake Avenue in Rahway. The stream flowed in an northerly direction 1,200 feet across the Francis lands...

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