Dunning v. Kelly
Supreme Court of New Jersey
On appeal from a decree advised by "Vice-Chancellor Vam Fleet, whose opinion is reported in Kelly v. Dunning,, 16 Stew.. Eq. 62. Decree awarded a perpetual injunction restraining the defendant from filling up or obstructing a ditch through which the complainant’s lot was drained.
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On appeal from a decree advised by "Vice-Chancellor Vam Fleet, whose opinion is reported in Kelly v. Dunning,, 16 Stew.. Eq. 62. Decree awarded a perpetual injunction restraining the defendant from filling up or obstructing a ditch through which the complainant’s lot was drained. The lots of the parties, respectively,, lying within a city, in the neighborhood of city improvements,, and the probability being, that by the construction of sewers by the city the water from the complainant’s lot may be diverted into public sewers, and his lot thereby relieved therefrom, the-decree was amended,…
1Opinion of the Court
The opinion of the court was delivered by
Depue J.
The respondent, Kelly, is the owner of a lot of land in the-city of Orange, situate on the southerly side of Central avenue- and west of Oakwood avenue. East of the complainant’s lot is Parrow brook. The appellant is the owner of a lot lying between the respondent’s lot and Parrow brook, and next adjoining-the brook. The respondent’s bill was filed for an injunction to-restrain the appellant from filling up or obstructing a drain or water-course through his lot, by means of which the water from, the complainant’s land was carried to Parrow…
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- Blumberg v. WeissNew Jersey Court of Chancery · 1940
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