COVEY v. NIAGARA, LOCKPORT & ONTARIO POWER CO.


286 A.D. 341 (1955)

Olen Covey et al., Appellants, v. Niagara, Lockport and Ontario Power Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 15, 1955.


Attorney(s) appearing for the Case

John Leo Sullivan for appellants.

Glenn W. Woodin and James A. O'Neill for respondent.

Present — McCURN, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.


WHEELER, J.

The action is one for money damages for the alleged wrongful act of entering plaintiffs' premises and cutting trees without the permission of the plaintiffs. The answer sets forth an affirmative defense. It is alleged that the plaintiffs' immediate predecessor in title, on May 23, 1932, granted the defendant an easement to operate and maintain an electric line on the property, "with the right to cut...

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