Mills Power Co. v. Mohawk Hydro-Electric Co.

Majority

p. 666

Mills Power Company, Appellant, v. Mohawk Hydro-Electric Company, Respondent.

(Argued May 10, 1915;

decided May 25, 1915.)

Headnote

Mills Power Co. v. Mohawh Hydro-Electric Co., 155 App. Div. 869 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 19, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by

p. 667

the court at a Trial Term without a- jury in an action in equity for an injunction restraining the defendant from operating a trunk line which extended from its dam to its power house and crossed certain premises the fee title to which is in the plaintiff, and from taking the waters of a creek which passed over said premises. Damages for trespass were also sought in said action.

Merwyn II. Nellis and Andrew J. Nellis for appellant.'

Fred Linus Carroll for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Werner, Chase, Cuddeback, Hogan, Miller and Seabury, JJ.