Levy v. C. Young Construction Co., Inc.

The opinion of the court was delivered by

Wacheeeeld, J.

Plaintiffs brought suit in the county district court to recover damages for the cost of replacing a house sewer line alleged to have been defectively constructed by defendant. They received a judgment for $649, but the Appellate Division reversed, 46 N. J. Super. 293 (1957), with one judge dissenting, bringing the plaintiffs here as a matter of right. Since no stenographic record was taken of the proceedings in the district court, the cause was submitted upon an agreed statement of evidence, pursuant to B. B. 1:6-3.

Defendant constructed a…