Niagara Mohawk Power Corp. v. Deyle

The petitioner by this petition seeks an order of condemnation and further seeks that an order “ be made that the petitioner-plaintiff be permitted to continue in possession of the real property” of the respondents across which it has already constructed one power line and intends constructing another.

Sometime prior to August, 1959, the respondent husband and wife signed an “ easement option” with the petitioner which presumably gave it the right to enter on their land to construct its power line. Thereafter an agent of the petitioner altered the terms of this instrument. The respondent wife…