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PIERCE FAMILY, INC. v. MAGNESS CONSTRUCTION COMPANY

235 A.2d 268 (1967)

PIERCE FAMILY, INC., a Delaware corporation, S. Gilbert Pierce, Nellie May Pierce, John E. Pierce and Mabel B. Pierce, Plaintiffs Below, Appellants, v. MAGNESS CONSTRUCTION COMPANY, a Delaware corporation, and Cedar Inn, Inc., a Delaware corporation, Defendants Below, Appellees.

Supreme Court of Delaware.

October 17, 1967.

Attorney(s) appearing for the Case

Abraham Hoffman, of Hoffman & Hoffman, Wilmington, for appellants.

Clement C. Wood, of Allmond & Wood, Wilmington, for appellees.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

WOLCOTT, Chief Justice.

This is an appeal from the Court of Chancery which denied the plaintiffs an injunction against an alleged impeding of the natural flow of water from their land.

Plaintiffs are the owners of lands in Brandywine Hundred. The natural drainage of water from these lands is into Naaman's Creek by streams flowing through land owned by the defendant, Cedar Inn, Inc., and developed by the defendant...

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