Miller v. . Clary
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 28, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court oh trial at Special .Term. This is an action to construe a deed granting an easement and to enforce certain covenants relating to the easement.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 28, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court oh trial at Special .Term. This is an action to construe a deed granting an easement and to enforce certain covenants relating to the easement. In and prior to the year 1872, the Phoenix Mills was seized in fee and possessed of certain lands on the Seneca river in the village of Seneca Falls. There was erected on such lands a flouring mill operated by water drawn from the river. The…
1Opinion of the CourtCuddeback, J.
There can be no question but that the words “Together with sufficient power (subject to the elements) from a wheel in the old Stone Mills or Jewett building to turn a shaft and propel machinery ” on the grantee’s premises, contained in the deeds from the Phoenix Mills to Zalinski and others, constituted the grant of an easement, nor any doubt but that the privilege granted was for the benefit of the land conveyed, and an easement that ran with the land. (Nye v. Hoyle, 120 N. Y. 195.)
The question arises on the subsequent covenant to transmit the power, contained in the following provision: “…
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