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POTTOCK v. CONTINENTAL CAN CO.

211 A.2d 622 (1965)

Louis POTTOCK, Trading as Pottock's Junk Shop, Plaintiff, v. CONTINENTAL CAN CO., Inc., a New York corporation, Defendant.

Court of Chancery of Delaware, New Castle.

June 23, 1965.

Attorney(s) appearing for the Case

Samuel R. Russell (of Bayard, Brill, Russell & Handelman), Wilmington, for plaintiff.

Frank J. Miller (of Walker, Miller & Wakefield), Wilmington, for defendant.

SEITZ, Chancellor:

This is the decision after final hearing on a claim of private nuisance. My factual evaluation is based on the relevant evidence and a view of both premises.

Plaintiff is the lessee of a lot at 1401 Thatcher Street, Wilmington, on which he and his father before him have operated a junk yard, trading as Pottock's Junk Shop, since about 1945. Defendant, Continental Can Company, Inc., and its predecessor have, since long before 1945, operated...

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