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KIDDE MANUFACTURING CO. v. TOWN OF BLOOMFIELD

20 N.J. 52 (1955)

118 A.2d 535

KIDDE MANUFACTURING CO., INC., A CORPORATION OF NEW JERSEY, PLAINTIFF-APPELLANT, v. TOWN OF BLOOMFIELD IN THE COUNTY OF ESSEX, A MUNICIPAL CORPORATION OF NEW JERSEY, AND BOROUGH OF GLEN RIDGE IN THE COUNTY OF ESSEX, A MUNICIPAL CORPORATION, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided November 21, 1955.

Attorney(s) appearing for the Case

Mr. Jerome C. Eisenberg argued the cause for appellant (Messrs. Eisenberg & Spicer, attorneys; Mr. Ralph Neibart and Mr. Eisenberg on the brief).

Mr. Thomas J. Markey argued the cause for respondent Town of Bloomfield (Mr. Robert A. Kessler and Mr. Markey on the brief).

Mr. Burtis S. Horner argued the cause for respondent Borough of Glen Ridge (Messrs. Stryker, Tams & Horner, attorneys; Mr. Horner of counsel).

The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.

The collapse of a stone wall forming the east side of Toney's Brook on plaintiff's property, and damage to one of plaintiff's buildings, resulted from the erosion of the gravel and silt bed of the stream which allowed the seepage of water under and behind the wall. Plaintiff sues the defendant municipalities, charging that when each built high smooth masonry...

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