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E. J. HOLLINGSWORTH COMPANY v. JARDEL CO.

178 A.2d 307 (1962)

E. J. HOLLINGSWORTH COMPANY, a Delaware corporation, Plaintiff, v. JARDEL CO., Inc., a Delaware corporation, Defendant.

Court of Chancery of Delaware, New Castle.

March 2, 1962.

Attorney(s) appearing for the Case

Frank O'Donnell of Berl, Potter & Anderson, Wilmington, for plaintiff.

Howard M. Berg and John M. Bader, Wilmington, for defendant.

SEITZ, Chancellor.

Plaintiff, the owner of business real estate located in the southeast quadrant of the intersection of Old Capitol Trail and Newport Gap Turnpike brings this action to enjoin the defendant from collecting and dumping its surface water by means of a storm sewer into a pipe on plaintiff's land which in turn empties into a ditch running across plaintiff's property. This is the decision after final hearing.

Although defendant argues to the contrary...

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