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FANNING v. TOWN OF MONTCLAIR

81 N.J. Super. 481 (1963)

196 A.2d 18

MARION J. FANNING, PLAINTIFF-RESPONDENT, v. TOWN OF MONTCLAIR, A MUNICIPAL CORPORATION IN THE COUNTY OF ESSEX AND STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 18, 1963.

Attorney(s) appearing for the Case

Mr. Robert J.C. McCoid argued the cause for appellant (Messrs. Schneider, Lustbader & Morgan, attorneys).

Mr. Francis F. Welsh argued the cause for respondent.

Before Judges CONFORD, FREUND and SULLIVAN.

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

Defendant municipality appeals from a judgment of $1,000 in favor of plaintiff as well as from the refusal of the trial court to grant defendant's motions for an involuntary dismissal.

The suit arises out of a break in a municipal water main with resultant water damage to plaintiff's property. On June 11, 1960 plaintiff was the owner of premises 85 Upper Mountain Avenue, Montclair. About midnight on...

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