Board of Education v. State of New Jersey Department of Transportation

The opinion of the Court was delivered by

Conrord, P. J. A. D.,

Temporarily Assigned. The principal question on this appeal is whether a railroad which piped a natural watercourse under its embankment when the tracks were laid many years ago is subject to injunction on the complaint of upstream owners for flooding attributable to the fact that the pipe will no longer accommodate the volume of water which now flows through the watercourse. That volume has increased substantially because of upstream housing and commercial development over the past 25 years. The Law Division granted a mandatory…