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CERNAK v. KAY-VEE REALTY CO. INC.

341 Mass. 315 (1960)

169 N.E.2d 879

DANIEL CERNAK & another vs. KAY-VEE REALTY COMPANY, INC. & another.

Supreme Judicial Court of Massachusetts, Hampshire.

November 3, 1960.

Attorney(s) appearing for the Case

Luke F. Ryan, (Joseph N. Donais with him,) for the defendants.

Edwin P. Dunphy, (Lewis A. Whitney with him,) for the plaintiffs.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, & CUTTER, JJ.

WILKINS, C.J.

The plaintiffs, the owners of a tract of land in Easthampton, bring this bill in equity to enjoin the flowage onto their real estate of water from a surface drainage system on land formerly of the defendant Kay-Vee Realty Company, Inc., and now of the defendant K.V. Homes, Inc. A demurrer of Realty was overruled, and Realty appealed. The case was referred to a master, who took two views and, after hearing, filed a report, which was confirmed. The defendants...

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