Legal Opinion

Palivoda v. Bruette

Superior Court of Delaware

Decided January 20, 1969PublishedCited by 6 opinions

1Opinion of the Court

OPINION

O’HORA, Judge.

Plaintiffs seek compensatory and punitive damages from defendants Bruette for an alleged encroachment by the Bruettes on the plaintiffs’ property.

The plaintiffs and the Bruettes own adjoining land fronting on Kirkwood Highway in New Castle County, Delaware. The Bruettes own and operate a paint store located on their property. In 1964 the Bruettes, with a view to expanding and enlarging their store, employed Marvin S. Smith (“Smith”) to make a survey of their property. Smith, a local civil engineer and surveyor of considerable experience, has been joined as a third party…

2Cases cited2 opinions

  1. Frank C. Sparks Co. v. Huber Baking Co.Supreme Court of Delaware · 1953
  2. Lightburn v. Delaware Power & Light CompanySuperior Court of Delaware · 1960

3Cited by6 opinions

  1. Tanzer v. International General Industries, Inc.Court of Chancery of Delaware · 1979
  2. Nix v. SawyerSuperior Court of Delaware · 1983
  3. Bell v. JonesDistrict of Columbia Court of Appeals · 1987
  4. Bradford, Inc. v. Travelers Indemnity CompanySuperior Court of Delaware · 1972
  5. United States Savings Bank of Newark v. Continental Arms, Inc.Superior Court of Delaware · 1975

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