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SMITH v. JERSEY CENT. POWER

No. A-2801-08T2.

24 A.3d 300 (2011)

421 N.J. Super. 374

Gary SMITH and Eileen Smith, Plaintiffs-Appellants/Cross-Respondents, v. JERSEY CENTRAL POWER & LIGHT COMPANY, Defendant-Respondent/Cross-Appellant, and First Energy Corp., Defendant.

Superior Court of New Jersey, Appellate Division.

Decided August 10, 2011.

Attorney(s) appearing for the Case

William J. Wolf argued the cause for appellants/cross-respondents (Bathgate, Wegener & Wolf, attorneys; Mr. Wolf and Pamela Madas Snyder , Lakewood, on the briefs).

Arnold R. Gerst argued the cause for respondent/cross-appellant ( Weiner Lesniak , attorneys; Mr. Gerst , of counsel and on the brief; Richard L. Rudin , Margaret A. Miller and Jeanne A. McManus , Parsippany, on the brief).

Before Judges PARRILLO, YANNOTTI and SKILLMAN.

The opinion of the court was delivered by SKILLMAN, J.A.D. (retired and temporarily assigned on recall).

This is an unusual case involving a nuisance claim based on "neutral-to-earth voltage" (NEV), also called "stray voltage" or "stray current," passing along the ground of a residential property. Plaintiffs, Gary and Eileen Smith, husband and wife, sued defendant, Jersey Central Power & Light Company, because high NEV levels from its electrical distribution system...

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