Armstrong v. Francis Corp.

Supreme Court of New Jersey120 A.2d 4 (N.J. 1956)

Facts

Francis (defendant) is a home building corporation that constructed a new development upstream from the homes of the Armstrongs and the Klemps (plaintiffs). In constructing the new development, Francis altered the natural flow of water in a stream that flowed through the properties of the Armstrongs and Klemps. As a result of Francis’s alteration, the stream flooded on several occasions, the stream’s banks eroded, cutting into the Armstrongs’ land, and rocks loosened from the banks broke the Klemps’ culvert. The Armstrongs brought a claim for these damages. Francis then brought a cross claim against the Klemps. Both the Armstrongs and the Klemps were awarded relief by the trial court. Francis appealed.

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