Pierce Family, Inc. v. Magness Construction Company

Wolcott, Chief Justice:

This is an appeal from the Court of Chancery which denied the plaintiffs an injunction against an alleged impeding of the natural flow of water from their land.

Plaintiffs are the owners of lands in Brandywine Hundred. The natural drainage of water from these lands is into Naaman’s Creek by streams flowing through land owned by the defendant, Cedar Inn, Inc., and developed by the defendant, Magness Construction Company, by filling and the erection of apartment buildings. In the course of filling these lands, Magness blocked the streams and installed a 24-inch pipe to…