WAGNER v. TIDEWATER OIL COMPANY


191 A.2d 326 (1963)

Sara Millicent WAGNER, Plaintiff, v. TIDEWATER OIL COMPANY, a corporation of the State of Delaware, Defendant.

Court of Chancery of Delaware, New Castle.

May 24, 1963.


Attorney(s) appearing for the Case

Donald W. Booker, of Coxe, Booker, Walls & Cobin, Wilmington, for plaintiff.

Henry M. Canby and Richard J. Abrams, of Richards, Layton & Finger, Wilmington, for defendant.


SEITZ, Chancellor.

Plaintiff, an upper riparian owner, brings this action to compel the removal from a stream of an obstruction which allegedly is indirectly causing an inundation of about eight acres of her land. Plaintiff also seeks compensatory damages.

Red Lion Creek flows in a generally easterly direction across the State of Delaware and empties into the Delaware River. Plaintiff's land, consisting of some 62 acres, lies on the north side of the Creek...

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