Nathanson v. Wagner

The injunctive relief sought in this case is based on the relative rights of two adjoining landowners regarding surface waters. That subject has received much discussion in our courts as well as in the courts of other states and other lands, and the decisions are divided into two distinct and contrary classes, dependent upon whether they follow the civil or the common law. In New Jersey we have adopted the "Common Enemy" principle of the common law, with certain exceptions hereinafter noted.Lulevitch v. Roberts, 98 N.J. Eq. 373.

The case is before me on final hearing, which developed the…