FERGUSON v. PRODUCERS GAS CO.


286 A.D. 521 (1955)

Cyrus B. Ferguson et al., Appellants, v. Producers Gas Company et al., Respondents

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

November 2, 1955.


Attorney(s) appearing for the Case

Pasquale P. Yannella for appellants.

Vedder & Crowley for Producers Gas Company, respondent.

William L. McDermott for Sam B. Zukerman and another, respondents.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WHEELER and VAN DUSER, JJ.


WHEELER, J.

The controversy here presented involves defendants-respondents' right to install and maintain a gas pipe line and a meter attached thereto in a strip of land in which they possess an easement for "highway and street purposes." The plaintiffs-appellants, as owners of the fee, have brought this action for a mandatory injunction for removal of the line and meter.

In the year 1930 the owner of...

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