Order reversed, with costs, and the judgment of the Supreme Court reinstated in the following memorandum: In this action to enjoin defendants from installing an electric transmission line over plaintiffs' property, defendants claim the right to do so by virtue of a grant of a right of way in the deed to defendants' predecessor in title. Under settled case law, an easement for a right of way does not include the right to install an
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McCORMICK v. TRAGESER
24 N.Y.2d 873 (1969)
Donald D. McCormick et al., Appellants, v. John V. Trageser et al., Respondents. Manufacturers and Traders Trust Company, Intervenor-Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued February 17, 1969.
Decided April 17, 1969.
Attorney(s) appearing for the Case
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.
Court of Appeals of the State of New York.
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