E. J. Hollingsworth Co. v. Jardel Co.

Seitz, Chancellor:

Plaintiff, the owner of business real estate located in the southeast quadrant of the intersection of Old Capitol trail and Newport Gap Turnpike brings this action to enjoin the defendant from collecting and dumping its surface water by means of a storm sewer into a pipe on plaintiff’s land which in turn empties into a ditch running across plaintiff’s property. This is the decision after final hearing.

Although defendant argues to the contrary, I find as a fact that we are not here concerned with a stream flowing across plaintiff’s property. Plaintiff’s lands have served for…