Joss v. Niagara Mohawk Power Corp.

Judgment unanimously reversed, with costs, and motion denied. Memorandum: Since 1959 the respondent Niagara Mohawk Power Corporation has acquired from appellant rights of way and easements over appellant’s land to erect and maintain power transmission lines. The indenture of easement contains language which permits respondent to “ build, rebuild, relocate, operate, repair, maintain and at its pleasure remove two electric lines, including such poles, towers, erossarms, wires, transformers, cables, underground conduit, counterpose wires or cables, guys, stubs, anchors, brace poles, ways and…