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B.W. KING, INC. v. TOWN OF WEST NEW YORK

49 N.J. 318 (1967)

230 A.2d 133

B.W. KING, INC., A NEW YORK CORPORATION, PLAINTIFF-RESPONDENT, v. THE TOWN OF WEST NEW YORK, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANT-APPELLANT. HUDSON PROPERTY ASSOCIATES, INC., A NEW JERSEY CORPORATION, AND HARBOR TANK STORAGE CO., INC., A NEW YORK CORPORATION, PLAINTIFFS-RESPONDENTS, v. THE TOWN OF WEST NEW YORK, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANT-APPELLANT. MANTANK CORPORATION, A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. THE TOWN OF WEST NEW YORK, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 22, 1967.

Attorney(s) appearing for the Case

Mr. John H. Yauch argued the cause for plaintiffs-respondents, Hudson Property Associates, Inc., and B.W. King, Inc. (Messrs. Yauch & Fagan, attorneys).

Mr. William F. Harth argued the cause for plaintiff-respondent, Harbor Tank Storage Co., Inc. (Messrs. Harth & Enright, Attorneys).

Mr. Robert H. Wall argued the cause for defendant-appellant.

The opinion of the court was delivered by HANEMAN, J.

Plaintiffs sought the recovery of damages to their respective properties resulting from a fire which had its origin on lands owned by defendant. The jury having returned a verdict for plaintiffs, defendant moved for a judgment notwithstanding the verdict or in the alternative for a new trial. The trial court granted defendant's motion for judgment notwithstanding the verdict and granted the motion for a new trial...

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