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GOULD & EBERHARDT, INC. v. CITY OF NEWARK

6 N.J. 240 (1951)

78 A.2d 77

GOULD & EBERHARDT, INC., PLAINTIFF-RESPONDENT, v. CITY OF NEWARK, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 22, 1951.

Attorney(s) appearing for the Case

Mr. Charles Handler argued the cause for appellant (Mr. George B. Astley on the brief).

Mr. John J. Gaffey argued the cause for respondent (Messrs. Minard, Cooper, Gaffey & Webb, attorneys).

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

The plaintiff seeks to enjoin the further discharge of storm and surface waters upon its property from a storm sewer system constructed and maintained by the City of Newark. An injunction was granted by the Superior Court, Chancery Division, and the defendant's appeal to the Appellate Division is certified here on our own motion.

Prior to 1928, the city collected storm and surface drainage waters from...

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