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MacArtor v. The Graylyn Crest III Swim Club, Inc.

Delaware Court of Chancery
187 A.2d 417 (1963)


Facts

Frank MacArtor (plaintiff) had a well for his residential water use that was four feet deep. The Graylyn Crest II Swim Club, Inc. (defendant) rented the property across the street from MacArtor and dug a well that was 200 feet deep. Graylyn used its well to fill its swimming pool, a process that took approximately three weeks. During this time, MacArtor’s water level fell below his well’s intake pipe, rendering the water unusable. MacArtor brought suit, seeking to enjoin Graylyn’s use of the common groundwater. Testimony indicated that a third party’s nearby 14-foot well was functional during Graylyn’s pumping.

Rule of Law

Issue

Holding and Reasoning (Seitz, J.)

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