RIVAS & RIVAS, INC. v. RIVER ROAD SWIMMING CLUB


180 A.2d 282 (1962)

RIVAS & RIVAS, INC., a corporation of the State of Delaware, Robert G. Correll and Betty W. Correll, his wife, Eugene C. Pajewski and Mary E. Pajewski, his wife, Richard P. Smith and Dorothy G. Smith, his wife, and Frederick W. Hartmann and Mary N. Hartmann, his wife, Plaintiffs, v. RIVER ROAD SWIMMING CLUB, a corporation of the State of Delaware, Defendant.

Court of Chancery of Delaware, New Castle.

April 25, 1962.


Attorney(s) appearing for the Case

Walter P. McEvilly, of Killoran & Van Brunt, Wilmington, for plaintiffs.

John T. Gallagher, of Herrmann, Bayard, Brill & Gallagher, Wilmington, for defendant.


SHORT, Vice Chancellor.

In this action plaintiffs seek an injunction restraining defendant from obstructing and interfering with plaintiffs alleged rights to use a portion of a certain street for roadway purposes. They also seek a mandatory injunction requiring defendant to remove certain obstructions from the bed of said street. The theory of plaintiffs cause of action is twofold: (1) That plaintiffs, by express grant, have an easement "of way, use and privilege...

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