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WOLEK v. DI FEO

60 N.J. Super. 324 (1960)

159 A.2d 127

ANNA WOLEK, PLAINTIFF-APPELLANT, v. JOSEPHINE DI FEO, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 18, 1960.

Attorney(s) appearing for the Case

Mr. John H. Jobes argued the cause for appellant (Messrs. Darling & Jobes, attorneys).

Mr. Rudolph Markowitz argued the cause for respondent.

Before Judges GOLDMANN, CONFORD and HANEMAN.

The opinion of the court was delivered by GOLDMANN, S.J.A.D.

Plaintiff brought an action in the Chancery Division to enjoin defendant's use of plaintiff's sewer and to recover damages. The complaint alleges that she has only recently ascertained that sewage from defendant's adjoining dwelling is flowing into a sewer located on her property, and this without her prior knowledge, consent or license; that as a result of such unauthorized use defendant has caused the...

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