AMERICAN METAL CO. v. FLUID CHEMICAL CO.


121 N.J. Super. 177 (1972)

296 A.2d 348

AMERICAN METAL COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. FLUID CHEMICAL COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided October 24, 1972.


Attorney(s) appearing for the Case

Mr. George Vaccaro for plaintiff (Messrs. Vaccaro and Osborne, attorneys).

Mr. Robert H. Simandl for defendant (Messrs. Simandl, Leff, Kraemer & Waldorf, attorneys).


BYRNE, A.J.S.C.

A motion is made to settle the form of an order of judgment in a case involving a right-of-way easement which burdened defendant's land in favor of plaintiff. Along a common property line defendant erected a fence with a gate three feet wide across the easement. Plaintiff alleged that the effect of this metal fence was to deprive him of the use of his premises in such a manner as to cause him substantial damage. Among the damages claimed was the expense...

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