Covey v. Niagara, Lockport & Ontario Power Co.

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 and remove or to trim any trees as second party may from time to time deem necessary for the operation of the electric line ”, The answer then alleges that the electric line existed on the…