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DIX BROS. v. STATE

182 N.J. Super. 268 (1981)

440 A.2d 484

DIX BROTHERS, A NEW JERSEY CORPORATION, PLAINTIFF, v. STATE OF NEW JERSEY AND THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF FISH, GAME AND SHELLFISHERIES, DEFENDANT.

Superior Court of New Jersey, Law Division Cumberland County.

Decided October 26, 1981.

Attorney(s) appearing for the Case

Isaac I. Serata for plaintiff.

Emerald Erickson, Deputy Attorney General, for defendant.

EDWARD S. MILLER, J.S.C.

The issue presented is whether defendant is liable to plaintiff for crop damage caused by wild deer. For the reasons set forth herein it is declared it is not. The facts are these:

In the spring of 1978 plaintiff's crop of iceberg lettuce was destroyed by wild deer. The State of New Jersey and Department of Environmental Protection, Division of Fish, Game & Shellfisheries managed...

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