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TOWNSHIP OF CHERRY HILL v. CONTI CONST. CO.

218 N.J. Super. 348 (1987)

527 A.2d 921

TOWNSHIP OF CHERRY HILL, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CONTI CONSTRUCTION COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 1987.

Attorney(s) appearing for the Case

Ralph J. Kmiec argued the cause for appellant.

Robert J. Annett argued the cause for respondent (Henry S. Buchanan, attorney; Robert A. McLarty, Jr., on the brief).

Before Judges BRODY and D'ANNUNZIO.

The opinion of the court was delivered by BRODY, J.A.D.

The parties stipulated at trial that while engaged in widening a state highway, defendant Conti Construction Company accidentally ruptured a natural gas main. We will assume, as have the parties, that the rupture was proximately caused by Conti's negligence. Plaintiff Township evacuated the neighborhood until the main was repaired. The Township brought this action to recover from Conti $4,220.80, expenses it...

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