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HOPLER v. MORRIS HILLS REGIONAL DISTRICT

45 N.J. Super. 409 (1957)

133 A.2d 336

MELVIN W. HOPLER, PLAINTIFF-RESPONDENT, v. MORRIS HILLS REGIONAL DISTRICT, A BODY CORPORATE OF THE STATE OF NEW JERSEY, ALSO KNOWN AS BOARD OF EDUCATION, MORRIS HILLS REGIONAL HIGH SCHOOL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 1957.

Attorney(s) appearing for the Case

Mr. Francis J. Beyrent argued the cause for defendant-appellant (Messrs. Schenck, Smith & King, attorneys).

Mr. Elden Mills argued the cause for plaintiff-respondent (Messrs. Mills & Mills, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.

The opinion of the court was delivered by FREUND, J.A.D.

This is an appeal by defendant, an upland property owner, from a judgment of the Law Division of this court, sitting without a jury, in the amount of $1,375, awarded to plaintiff, a lowland property owner, for damages sustained when the foundation wall of his home collapsed from the force of surface waters during the hurricane "Connie."

The defendant, in the spring of 1954, constructed an athletic field...

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