MacArtor v. The Graylyn Crest III Swim Club, Inc.

Seitz, Chancellor:

This is the decision after final hearing on plaintiffs’ application to enjoin defendant Swim Club from further use of its well, to enjoin defendant from using its loud speaker altogether or at a greater than reasonable level and for damages in the sum of $73.49.

This case raises in capsule form very important problems of allocation of rights in percolating water. It is not susceptible of an easy solution, because the controlling test is “objective” reasonableness.

Plaintiffs live on the east side of Marsh Road in Brandywine Hundred and have for their water supply what I will…