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YOMMER v. McKENZIE

[No. 388, September Term, 1968.]

255 Md. 220 (1969)

257 A.2d 138

YOMMER, ET UX. v. McKENZIE, ET UX.

Court of Appeals of Maryland.

Decided October 10, 1969.

Attorney(s) appearing for the Case

John C. Sullivan for appellants.

Leslie J. Clark, with whom was Edward J. Ryan on the brief, for appellees.

The cause was argued before HAMMOND, C.J., and MARBURY, BARNES, McWILLIAMS, FINAN, SINGLEY and SMITH, JJ.

SINGLEY, J., delivered the opinion of the Court.

Mr. and Mrs. McKenzie, the plaintiffs below, live at Little Crossing in Garrett County. Their immediate neighbors are the defendants, Mr. and Mrs. Yommer, who operate a grocery store and gasoline filling station. On 17 December 1967, Mr. McKenzie noticed a "smell" in his well water which, on analysis, proved to be caused by the presence of gasoline in the well. McKenzie complained to Yommer, who arranged to have one...

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