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DIAMOND T/A MORRISTOWN PIC. FR. CO. v. BELL, CO.

97 N.J. Super. 1 (1967)

234 A.2d 96

HOWARD AND DORA DIAMOND T/A MORRISTOWN PICTURE FRAME AND GLASS COMPANY, PLAINTIFFS-RESPONDENTS, v. NEW JERSEY BELL TELEPHONE COMPANY (A CORPORATION OF THE STATE OF NEW JERSEY), AND GRAY CONSTRUCTION COMPANY (A CORPORATION OF THE STATE OF NEW JERSEY), DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided September 22, 1967.

Attorney(s) appearing for the Case

Mr. Joel A. Murphy argued the cause for appellants (Messrs. Mills, Doyle & Muir, attorneys).

Mr. John S. Donington argued the cause for respondents (Messrs. Weiner, Weiner & Glennon, attorneys).

Before Judges GAULKIN, LEWIS and KOLOVSKY.

PER CURIAM.

Plaintiffs sued for property damage allegedly caused by defendants as the result of their negligent installation of an underground telephone conduit, which had been installed over plaintiffs' sewer line, in such a manner that "the cleanouts on the plaintiffs' sewer line had been broken off." It is claimed that the clogging of the sewer line culminated in a backup of sewage which, in February 1966, caused damage to plaintiffs' property.

The conduit...

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