David K. Armstrong and Mary Jane Armstrong, His Wife, Plaintiffs-Respondents v. the Francis Corporation, a…

Summary

The Supreme Court of New Jersey affirmed the Chancery Division's judgment ordering the Francis Corporation to pipe a natural stream to prevent further flooding and erosion of the Armstrongs' and Klemps' properties. The Court held that the defendant's alteration of surface water flow was not privileged and was actionable under the reasonable‑use rule. It rejected the common‑enemy rule and found the trial court's factual findings supported by competent evidence.