Lubelle v. Rochester Gas & Electric Corp.

This appeal presents the question of compensation for the creation of an alleged additional burden upon the fee of adjoining landowners where a public utility lays a gas main completely within a public highway. Plaintiffs appeal from an order of Special Term which granted defendant-respondent’s motion for summary judgment in an action where appellants.sought to enjoin respondent from continuing to maintain a gas main in the bed of the street, to compel respondent to remove the pipes and to pay appellants $25,000 for alleged damages sustained by them.

The record indicates that appellants were…