Tide Water Oil Sales Corporation v. Shimelman

The plaintiff and the defendants own adjoining tracts of land. The complaint contains two counts and the trial court gave judgment for the defendants upon the first count and for the plaintiff upon the second count, from which judgment both parties have appealed. The basis of the plaintiff’s claim for relief under the first count is that for a long time before the premises of either party were improved or built upon as they now are, the land of the plaintiff and other lands beyond were drained of surface water by means of an open drain or ditch running across the defendants’ property, but…