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MORRIS CTY. INDUSTRIAL PARK v. THOMAS NICOL CO.

64 N.J. Super. 381 (1960)

166 A.2d 180

MORRIS COUNTY INDUSTRIAL PARK, A NEW JERSEY CORPORATION, PLAINTIFF, v. THOMAS NICOL CO., A NEW JERSEY CORPORATION, L.G. KITCHELL, INC., A NEW JERSEY CORPORATION AND NEW JERSEY TURNPIKE AUTHORITY, A BODY CORPORATE AND POLITIC IN THE STATE HIGHWAY DEPARTMENT (IMPROPERLY IMPLEADED AS NEW JERSEY TURNPIKE AUTHORITY, A MUNICIPAL BODY OF THE STATE OF NEW JERSEY), AND STANDARD ACCIDENT INSURANCE COMPANY, A CORPORATION OF THE STATE OF MICHIGAN, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided December 7, 1960.

Attorney(s) appearing for the Case

Mr. David A. Pressler for the plaintiff (Mr. Harold S. Okin, attorney).

Mr. Vincent P. Keuper for the defendants Thomas Nicol Co., New Jersey Turnpike Authority and Standard Accident Insurance Company.

GRIMSHAW, J.S.C.

In 1958 the New Jersey Turnpike Authority engaged the services of the defendant Thomas Nicol Co. in connection with the completion of work at the northern terminus of the Turnpike. In connection with this work, Nicol, being in need of dirt fill, arranged to have it supplied at the job by Larry G. Kitchell or Larry G. Kitchell, Inc. Kitchell, being without the necessary fill, purchased it from the plaintiff. The fill was taken from plaintiff's premises...

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