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BD. OF ED. OF MANASQUAN v. N.J. DEPT. OF TRANSP.

69 N.J. 92 (1976)

351 A.2d 17

BOARD OF EDUCATION OF THE BOROUGH OF MANASQUAN, ET AL., PLAINTIFFS-RESPONDENTS, v. THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION, DEFENDANT-RESPONDENT, AND THE NEW YORK AND LONG BRANCH RAILROAD COMPANY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 20, 1976.

Attorney(s) appearing for the Case

Mr. Laurence M. McHeffey argued the cause for defendant-appellant (Messrs. Hanlon, Amdur & Hanlon, attorneys; Mr. Richard A. Amdur, of counsel; Mr. McHeffey, on the brief).

Mr. John D. Wooley argued the cause for plaintiffs-respondents.

The opinion of the Court was delivered by CONFORD, P.J.A.D.,

Temporarily Assigned. The principal question on this appeal is whether a railroad which piped a natural watercourse under its embankment when the tracks were laid many years ago is subject to injunction on the complaint of upstream owners for flooding attributable to the fact that the pipe will no longer accommodate the volume of water which now flows through the...

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