GRATHWOHL v. HIWAY WONDERLAND, INC.


32 A.D.2d 589 (1969)

Frank Grathwohl et al., Appellants, v. Hiway Wonderland, Inc. et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 24, 1969


HERLIHY, J.

The plaintiffs are upper riparian owners whose property adjoins that of the defendants, lower riparian owners. The plaintiffs seek injunctive relief against the defendants so as to prevent the flooding of their land by a dam constructed by the defendants. The court found "that the weight of the evidence adduced sustains plaintiffs' position that defendants' dam has and still does flood plaintiffs' land at certain times of the year" and "that...

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