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IRVING ELIASBERG, INC. v. ROOSEVELT

173 A.2d 147 (1961)

IRVING ELIASBERG, INC. et al., v. W. Emlen ROOSEVELT et al.

Supreme Judicial Court of Maine.

July 25, 1961.

Attorney(s) appearing for the Case

Lincoln Spencer, Waterhouse, Spencer & Carroll, Biddeford, for plaintiffs.

Linnell, Perkins, Thompson, Hinckley & Thaxter, Sidney W. Thaxter, Charles P. Barnes, Portland, for defendants.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, SULLIVAN and DUBORD, JJ.

WILLIAMSON, Chief Justice.

This is an action by a landowner and his lessee (1) for a declaratory judgment of their rights in and to the use of an elevator and a loading platform in an adjoining building owned by the defendants, (2) for an injunction against the removal or destruction of the elevator and loading platform or money damages for such removal or destruction, and (3) damages to plaintiffs for loss from the flooding of the cellar from rain and surface water...

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